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Full text of "North Carolina Register v.8 no. 21 (2/1/1994)"

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^ES 3 1994 

KATHPINE R EVERETT 
LAW LIBRARY 



The 
NORTH CAROLINA 

REGISTER 



IN TfflS ISSUE 



EXECUTIVE ORDER 



IN ADDITION 

Voting Rights Act 
Labor 



PROPOSED RULES 

Cosmetic Art Examiners 

Environment, Health, and Natural Resources 

(geologists, Board of 

Human Resources 

Public Education 



¥t^^ 



m •LZGIBVS 



LIST OF RULES CODIFIED 



RRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: February 1, 1994 
Volume 8 • Issue 21 • Pages 2032-2118 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINLSTRATTVF CODF. 



NORTH CAROLINA REGISTER 



TEMPORARY RULES 



The North Carolina Register is published twice a month and 
contains infonnation relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published m 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447. 



Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the findings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Admimstrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscripuon to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION 


CONTACT 


Office 


of 


Administrative Hearings, 


ATTN: Ru 


es 


Division, 


P.O. 


Drawer 27447, Raleigh. North Carolina 


27611-7447, 


(919) 


733-2678. 











NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE CONTENTS 



I. EXECUTIVE ORDER 

Executive Order 36 2032 

II. IN ADDITION 

Voting Rights Act 2033 

Labor 2035 



III. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Environmental Health 2067 

Environmental Management .... 2039 

Human Resources 

Facility Services 2036 

Social Services 2037 

Licensing Boards 

Cosmetic Art Examiners 2071 

Geologists, Board of 2072 

Public Education 
Elementary & Secondary 2068 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



IV. LIST OF RULES CODIFIED 



2074 



V. RRC OBJECTIONS 2093 

VI. RULES INVALIDATED BY 

JUDICIAL DECISION 2099 

VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2100 

Text of Selected Decisions 
93 OSP 0584 2110 

VIH. CUMULATIVE INDEX 2115 



NORTH CAROLINA REGISTER 

Publication Schedule 
(July 1993 - May 1994) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filmg 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Da\' 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


8:7 


07/01/93 


06/10/93 


06/17/93 


07/16/93 


08/02/93 


08/20/93 


10/01/93 


8:8 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/16/93 


08/20/93 


10/01/93 


8:9 


08/02/93 


07/12/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


8:10 


08/16/93 


07/26/93 


08/02/93 


08/31/93 


09/15/93 


09/20/93 


11/01/93 


8:11 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


8:12 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


10/15/93 


10/20/93 


12/01/93 


8:13 


10 '01 ''93 


09/10/93 


09/17/93 


10/18/93 


11/01/93 


11/22/93 


01/01/94 


8:14 


10/15 93 


09/24/93 


10/01/93 


11/01/93 


11/15/93 


11/22/93 


01/01/94 


8:15 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


8:16 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/01/94 


8:17 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


01/03/94 


01/20/94 


03/01/94 


S:1S 


12/15/93 


1 1 24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 


8:19 


01 03/94 


12/08/93 


12/15/93 


01/18/94 


02/02/94 


02/21/94 


04/01/94 


8:20 


01/14/94 


12/21/93 


12/30/93 


01/31/94 


02/14/94 


02/21/94 


04/01/94 


8:21 


02 '01/94 


01/10/94 


01/18/94 


02/16/94 


03/03/94 


03/21/94 


05/01/94 


8:22 


02' 15 94 


01/25/94 


02/10/94 


03/02/94 


03/17/94 


03/21/94 


05/01/94 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/10/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01 94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/31/94 


06/15/94 


06/20/94 


08/01/94 



Note: Time is computed according to the Rules of Civil Procedure. Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer. See G.S. 1 50B-21 .2ff) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 
that the Rules Re\iew Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Revised 07/93 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 36 

SMOKING POLICY COORDINATING 

COMMITTEE 

WHEREAS, HB 957 was enacted by the North Carolina General Assembly as Chapter 367 of the 1993 
Session Laws to establish standards to regulate smoking in public places; and 

WHEREAS, there exists a need for statewide coordination of the implementation of the Act as it affects 
state-owned buildings. 

NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North 
Carolina, IT IS ORDERED: 



iliance 



Section L, Compliance Plan. 

Each Council of State and Cabinet department shall develop and implement a smoking policy compli„.„„ 
plan. The Secretary of Administration shall be responsible for assisting the various departments with the 
development and implementation of their plans. 

Section 2. Coordination. 

The Secretary of Administration shall be responsible for the following: 

(a) establishing and appointing members to the Smoking Policy Coordinating Committee; 

(b) coordinating department compliance with HB 957; 

(c) informing and advising state departments about their obligations under the Act; and 

(d) facilitating the adoption and publication of formal and informal dispute resolution policy within 
each department to promptly resolve complaints of departmental noncompliance with the Act. 



This Order shall be effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 7th day of January, 1994. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2032 



IN ADDITION 



1 his Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



JPT:DLK:CGM:sgw:tlb 
DJ 166-012-3 
93-4168 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 

P.O. Box 66128 

Washington, DC. 20035-612^ 



December 27, 1993 

Kenneth R. Hoyle, Sr. , Esq. 

County Attorney 

R O. Box 1968 

Sanford, North Carolina 27331-1968 

Dear Mr. Hoyle: 

This refers to the redistricting of board of commissioners districts in Lee County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 
U.S.C. 1973c. We received your initial submission on October 29, 1993; supplemental information was 
received on December 9, 1993. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 
(28C.F.R. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



2033 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



IN ADDITION 



U.S. Department of Justice 

Civil Rights Division 

JPT:GS:RA:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-4203 Washington, D.C. 20035-6128 

January 3, 1994 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 

This refers to the October 25, 1993, annexation and the designation of the armexed area to a single- 
member district for the City of Lumberton in Robeson County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submission on November 1, 1993. 

The Attorney General does not interpose any objection to the specified changes. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 
5 (28 C.F.R. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Steven H. Rosenbaum 
Chief, Voting Section 



8:21 NORTH CAROLINA REGISTER February 1, 1994 2034 



IN ADDITION 



TITLE 13 
DEPARTMENT OF LABOR 



OCCUPATIONAL SAFETY AND HEALTH 



NOTICE OF AMENDMENT PUBLISHED EV VOLUME 8, ISSUE 18, PAGES 1744 - 1747. 



The Division of Occupational Safety and Health, North Carolina Department of Labor, is extending the 
period for accepting written comments on the amendment of 13 NCAC 7F .0101 regarding Permissible 
Exposure Limits (PELs) from January 14. 1994 to March 1, 1994. Written comments should be directed 
to Jill F. Cramer, NCDOL/OSH, 413 N. Salisbury Street, Raleigh, NC 27603-5942. 



2035 8:21 NORTH CAROLINA REGISTER February 1, 1994 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
(Medical Care Commission) intends to adopt rules 
cited as 10 NCAC 3B .0901 - .0903; amend 3L 
.0906 and .1003. 

1 he proposed effective dates of these actions are: 
10 NCAC 3B .0901 - .0903 - July 1. 1994 
10 NCAC 3L . 0906 and . 1003 - June 1, 1994. 

1 he public hearing will be conducted at 9:30 
a.m. on March 11, 1994 at the Willis Building, 
300 E. First Street. Greenville. N. C . 

Ixeason for Proposed Action: 
10 NCAC SB .0901 - .0903 - To adopt formula for 
distribution of regional Emergency Medical Servic- 
es (EMS) grant JUnds to providers through the 18 
local regional organizations. 
10 NCAC 3L .0906 and .1003 - To clarify the 
Medical Care Commission's authority in deeming 
process for home care licensure and clarify' pro- 
cess for annual TB screening of home care agency 
employees. 

(comment Procedures: In order to allow the 
Commission sufficient time to review and evaluate 
your written comments, please submit your com- 
ments to Mr. Jackie Sheppard, APA Coordinator. 
DPS. PO. Box 29530, Raleigh, NC 27626-0530. 
telephone (919) 733-2342 by March 3. 1994 and in 
no case later than March 11. 1994. 

SUBCHAPTER 3B - ADMINISTRATIVE 
PROCEDURES 

SECTION .0900 - FORMULA FOR 

DISTRIBUTION OF 

EMERGENCY MEDICAL 

SERVICES (EMS) SYSTEM 

DEVELOPMENT GRANT FUNDS 

.0901 FORMULA FOR ALLOCATION 
OF STATE FUNDS 

State funds shall be distributed to grantees for 
regional EMS system development grants with 
30% of the state funds available based on popula- 
tion, 15% based on total area. 15% based on total 
land area, and 40% based on the number of coun- 



ties in the grantee service area. 

Statutory Authority G.S. 143-508. 

.0902 FORMULA FOR ALLOCATION 
OF FEDERAL FUNDS 

Federal funds allocated for distribution 



for 



regional EMS system development grants shall be 
distributed equally among the grant recipients. 

Statutory Authority G.S. 143-508. 

.0903 IMPLEMENTATION OF 
FUNDING FORMULA 

Changes in available funding to grantees for the 
regional EMS system development grants brought 
about by the formulas specified m Rules .0901 and 
■0902 of this Section shall be implemented by 
applying 50% of the change in the Fiscal Year 
1996 grant cycle and 50% of the change in the 
Fiscal Year 1997 grant cycle. 

Statutory Authority G.S. 143-508. 

SUBCHAPTER 3L - THE LICENSING 
OF HOME HEALTH AGENCIES 

SECTION .0900 - GENERAL 

.0906 COMPLIANCE WITH LAWS 

(a) The home care agency shall be in compli- 
ance with all applicable federal, state and local 
laws, rules and regulations. 

(b) Staff of the home care agency shall be 
currently licensed or registered in accordance with 
applicable laws of the State of North Carolina. 

(c) A home care agency shall be deemed to meet 
the licensure requirements and issued a license 
without further review or inspection if the agency 
is certified or accredited by one of the accrediting 
bodies specified in G.S. 131E-138(g) or any 
accrediting body approved by the Medical Care 
Commission. For purposes of deeming, the North 
Carolina Medical Care Commission shall review 
and approve all name changes of accrediting 
bodies, additions of service review categories by 
accrediting bodies and the recognition of additional 
accrediting bodies. The Department may, at its 
discretion, determine the frequency and extent of 
the review and inspection of home health agencies 
already certified as meeting federal requirements, 
but not more frequently than on an annual basis 
for routine reviews. 

(d) Nothing in this section shall prohibit the 
department from conducting inspections as provid- 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2036 



PROPOSED RULES 



ed for in Rule .0904 of this Section. 

(e) Any agency deemed to be in compliance by 
virtue of accreditation by one of the specified 
accrediting bodies shall submit to the department 
a copy of its accreditation report within 30 days 
after the home care agency receives its repon each 
time it is surveyed by the accrediting body. The 
agency shall notify the department of any action 
taken that affects its accreditation status, either 
temporarily or permanently. 

Statutory Authority G.S. 131E-140. 

SECTION .1000 - ADNHNISTRATION 

.1003 PERSONNEL 

(a) Written policies shall be established and 
implemented by the agency regarding infection 
control and exposure to communicable diseases 
consistent with Subchapter 19A of Title 15 A. 
North Carolina Administrative Code. These 
policies and procedures shall include provisions for 
compliance with 29 CFR 1910 (Occupational 
Safety and Health Standards) which is incorporated 
by reference including subsequent amendments. 
Emphasis shall be placed on compliance with 29 
CFR 1910-1030 (Bloodbome Pathogens). Copies 
of Title 29 Part 1910 can be purchased from the 
Superintendent of Documents, U.S. Government 
Printing Office, Washington, D.C. 20402 for S38 
and may be purchased with a credit card by a 
direct telephone call to the G.PO. at 202/783- 
3238. Hands-on care employees must ha\e an 
annual skin test for TB. /Vs an altcrnati\'c to an 
annual skin test, indi\'idual G Individuals, who have 
previously tested positive to the TB skin test^ meef 
shall obtain an annual verification from a health 
department or physician that the indi\'idual is free 
of TB symptoms that they are free of TB symp- 
toms. This verification may be obtained, in 
accordance with State TB guidelines, from the 
local health department, a pri\'ate physician or 
health nurse employed by the agency. A copy of 
the guidelines may be obtained at no cost from the 
North Carolina Department of Ensironment. 
Health, and Natural Resources. Tuberculosis 
Control Branch, PO Box 27687, Raleigh, North 
Carolina 27611-7687. 

(b) Written policies shall be established and 
implemented which include orientation and in- 
ser\ice education. Records on the subject of in- 
service education and attendance shall be main- 
tained by the agency and retained for at least one 
year. 

(c) Job descriptions for ever)' position shall be 



established in writing which include qualifications 
and specific responsibilities. Individuals shall be 
assigned only to duties for which they are trained 
and competent to perform and when applicable for 
which they are properly licensed. 

(d) Personnel records shall be established and 
maintained for each home care employee which 
include education, training, previous experience, 
verification of professional or paraprofessional 
registration or license when applicable, other 
qualifications, and annual performance evaluations. 

Statutor\- Authorm- G.S. 131 E- 140. 



^x>c>:;<^^^ 



>f>fi?fiili^^A^ 



I\otice is herein- given in accordance with G.S. 
150B-21.2 that the Social Services Convnission 
intends to amend rule cited as 10 NCAC 49B 
0306. 

1 he proposed effective date of this action is May 
1. 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on March 3, 1994 at the Albemarle BuiUing, 
Room 943-2, 325 N. Salisbury Street, Raleigh, NC 
27603. 

MXeason for Proposed Action: To bring the 
Division of Social Serxnces policy in line with the 
Huffstetler v DHR (103 NC App. 284, 404 SE. 
2d880 1991) decision which states that an agency 
must bring new exidence of an AFDC's recipient's 
improved condition and ensure that ineligible 
.4EDC recipients do not continue receiving assis- 
tance because the recipient/applicant failed to 
provide requested medical information. Tliis 
proposed amendment is being brought by Curtis 
Venable of Pisgah Legal Services. 

i^cnvnent Procedures: Comments may be pre- 
sented in writing anytime before or at the public 
hearing or orally at the hearing. Time limits for 
oral renuirks may he imposed by the Chair Arty 
person may request copies of this Rule by calling 
or writing to Shamese Ransome, Division of Social 
Services, 325 N. Salisbury St.. Raleigh. NC 
27603, 919/733-3055. 

CHAPTER 49 - AFDC 



2037 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



SUBCHAPTER 49B - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - ELIGIBILITY 
FACTORS 

.0306 DEPRIVATION 

Eligibility requirements pertaining to deprivation 
shall be found in 45 CFR 233.90 and this 
provision is hereby adopted by reference under 
G.S. 150B-14(c). 

(1) Death of either parent: The death of 
either parent shall be established through 
the use of the following: 

(a) death certificate; 

(b) written notice from the Bureau of Vital 
Statistics or a county health department; 

(c) SSA or VA records; 

(d) military records; 

(e) cemetery records; 

(f) hospital records; 

(g) insurance company records; 

(h) records of a fraternal organization; 
(i) obituary; 

(j) statement from an individual 

knowledgeable about the death. 

(2) Physical or mental incapacity of parent: 

(a) Incapacity shall be established through 
the use of the following: 

(i) a medical examination of the 
incapacitated parent, or a medical 
report from a medical facility; or 

(ii) verification that Social Security 
disability benefits or SSI disability 
benefits are being received; or 

(iii) a psychological examination; and 

(iv) an examination of pertinent social 
factors. 

(b) Except for cases approved because 
Social Security disability or SSI 
disability benefits are being received by 
the incapacitated parent, a social history 
shall be completed. 

(c) TTie decision on incapacity shall be 
made by the county department of 
social services where possible. If not, 
the required information shall be 
forwarded to the Disability 
Determination Section of the Division 
of Social Services for evaluation. 

(d) Cessation of incapacity shall be 
established by the county department of 
social services by the means described 
in Sub-items (2)(a) through (c) of this 
Rule. Cessation of incapacity requires 



a determination that the parent's 
physical or mental impairments have 
improved to the point that the parent 
has regained the capability of obtaining 
and retaining a full-time job or caring 
for the parent's children, 
(e) When the assistance unit's eligibility js 
being redetermined, the county 
department shall request from the 
recipient the medical information 
necessary to make the determination of 
whether the incapacity continues to 
exist. If the recipient fails to provide 
the medical information necessary to 
redetermine the assistance unit's 
eligibility, the county department shall 
propose termination of the AFDC case 
by use of a timely notice. Failure of 
the recipient to provide the requested 
medical information within the 10 work 
day notice period, shall result in 
termination of AFDC benefits. 



(3) 



(a) 



(i) 

(ii) 
(iii) 

(iv) 



(b) 



(i) 

(ii) 
(iii) 

(iv) 



(c) 
(d) 

(e) 



(f) 



Continued absence of parent. 
Verification shall be accomplished as 
follows: 
Divorce: 

use legal documents in the applicant's 

or recipient's possession; or 

use court records; or 

contact the attorney who handled the 

divorce; 

at reviews, a collateral statement shall 

be obtained to show that the parents 

are not living together. 
Formal or legal separation: 

use legal documents in the applicant's 

or recipient's possession; or 

use court records; or 

contact the attorney who handled the 

divorce; 

at reviews, a collateral statement shall 

be obtained to show that the parents 

are not living together. 
Informal separation: obtain a statement 
from one non-relative collateral. 
Desertion or abandonment: obtain a 
statement from one non-relative 
collateral. 

Long-term treatment in a hospital, 
skilled nursing or domiciliary care 
facility: the county department shall 
contact the facility to obtain a 
statement. 

Institutionalization: the county 
department shall contact the institution 



8:21 



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February 1, 1994 



2038 



PROPOSED RULES 



to obtain a statement. 

(g) Incarceration: 

(i) use court records; or 

(ii) use penal institution records; or 

(iii) obtain statement of police officer. 

(h) A parent who is a convicted offender 
permitted by the court to live at home 
while serving an active court sentence 
to perform unpaid public work or 
unpaid community service during 
working hours: the county department 
shall contact the clerk of court to obtam 
statement that includes name of person 
convicted, date of sentence, and district 
of Superior Court in which the sentence 
was given. 

(i) The man in the home acknowledges 

paternity: the county department obtains 
a statement from the alleged father 
which indicates that he is the father of 
the child. 

Authority G.S. 108A-25: 143B-153: 45 C.F.R. 
233.90. 

TITLE 15A - DEPARTMENT OF 

ENVIROIVMENT, HEALTH, AND 

NATURAL RESOURCES 

IS otice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Man- 
agement Conimission intends to amend rule cited 
as 15A NCAC 2B .0303. 

1 he proposed effective date of this action is May 
1, 1994. 

Instructions on How to Denwnd a Public Hearing 
(must be requested in writing within 15 days of 
notice): Any' person requesting that the Environ- 
mental Management Commission conduct a public 
hearing on this proposed amendment must submit 
a written request to Stex'e Zoufaly, Division of 
Environmental Management, Witer Quality, P.O. 
Bo.x 29535, Raleigh, NC 27626-0535 by February 
16, 1994. Mailed written requests must be post- 
nuirked no later than February 16. 1994. 

MXeason for Proposed Action: To amend the 
surface quality classifications of a portion of Deep 
Creek in Swain County (Little Tennessee River 
Basin to reflect its use as a water supply). 



i^omment Procedures: All persons interested in 
this proposed amendment are encouraged to submit 
written conunents. Comments must be postmarked 
by March 3, 1994 and submitted to Stew Zoufaly, 
Division of Environmental Management, Witer 
Quality, PO. Bo.x 29535, Raleigh, NC 27626- 
0535 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE 
WATER STANDARDS: MONITORING 

SECTION .0300 - ASSIGIVMENT OF 
STREAM CLASSIFICATIONS 

.0303 LITTLE TENN RIVER BASIN 
AND SAVANNAH RIVER 
DRAINAGE AREA 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Clay County 
Graham County 
Jackson County 
Macon County 
Swain County 
Transylvania County 

(2) North Carolina Department of Environ- 
ment, Health, and Natural Resources 
Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering 
Georgia or Tennessee will be classified "C Tr. " 
Such streams in the Savannah River drainage area 
entenng South Carolina will be classified "B Tr. " 

(c) The Little Tennessee River Basin and Savan- 
nah River Drainage Area Schedule of Classifica- 
tions and Water Quality Standards was amended 
effective: 

(1) Februaiy 16, 1977; 

(2) March 1, 1977; 

(3) July 13, 1980; 

(4) February 1, 1986; 

(5) October 1, 1987; 

(6) March i, 1989; 

(7) January 1, 1990; 

(8) July 1, 1990; 

(9) August 1, 1990; 

(10) March 1, 1991; 

(11) August 3, 1992; 

(12) February 1, 1993; 



2039 



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February I, 1994 



PROPOSED RULES 



(13) May K 1994. 

(d) The Schedule of Classifications of Water 
Quality Standards for the Little Tennessee Basin 
and Savannah River Drainage Area was amended 
effective March 1, 1989 as follows: 

(1) Nantahala River (Index No. 2-57) from 
source to the backwaters of Nantahala 
Lake and all tributary waters were 
reclassified from Class B-trout, Class 
C-trout and Class C to Class B-trout 
ORW, Class C-trout ORW and Class C 
ORW. 

(2) Chattooga River (Index No. 3) includ- 
ing Scotsman Creek, Overflow Creek, 
Big Creek, Talley Mill Creek and all 
tributary waters were reclassified from 
Class B-trout, Class C-trout and Class 
C to Class B-trout ORW, Class C-trout 
ORW and Class C ORW and Clear 
Creek and all tributary waters were 
reclassified from Class C-trout and 
Class C to Class B-trout and Class B. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area was 
amended effective January 1, 1990 as follows: 

(1) North Fork Coweeta Creek (Index No. 
2-10-4) and Falls Branch (Index No. 
2-10-4-1) were reclassified from Class 
C to Class B. 

(2) Burningtown Creek (Index No. 2-38) 
was reclassified from C-trout to 
B-trout. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area was 
amended effective July 1, 1990 by the 
reclassification of Alarka Creek (Index No. 2-69) 
from source to Upper Long Creek (Index No. 
2-69-2) including all tributaries from Classes C 
and C Tr to Classes C HQW and C Tr HQW. 

(g) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area was 
amended effective March 1, 1991 as follows: 

(1) Cartoogechaye Creek [Index Nos. 
2-19-(l) and 2-19-(16)] from Gibson 
Cove Branch to bridge at U.S. Hwy. 23 
and 441 and from the bridge at U.S. 
Hwy. 23 and 441 to the Little 
Tennessee River was reclassified from 
Classes WS-III Tr and C Tr to Classes 
WS-III and B Tr and B Tr respectively. 

(2) Coweeta Creek (Index Nos. 2-10) from 
its source to the Little Tennessee River 



including all tributaries except Dryman 

Fork (Index No. 2-10-3) and North 

Fork Coweeta Creek (Index No. 

2-10-4) was reclassified from Classes C 

and C Tr to Classes B and B Tr. 

(h) The Schedule of Classifications and Water 

Quality Standards for the Little Tennessee River 

Basin and Savannah River Drainage Area was 

amended effective August 3, 1992 with the 

reclassification of all water supply waters (waters 

with a primary classification of WS-I, WS-II or 

WS-III). These waters were reclassified to WS-I, 

WS-II, WS-III, WS-IV or WS-V as defined in the 

revised water supply protection rules, (15A NCAC 

2B .0100, .0200 and .0300) which became 

effective on August 3, 1992. In some cases, 

streams with primary classifications other than WS 

were reclassified to a WS classification due to their 

proximity and linkage to water supply waters. In 

other cases, waters were reclassified from a WS 

classification to an alternate appropriate primary 

classification after being identified as downstream 

of a water supply intake or identified as not being 

used for water supply purposes. 

(i) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area has been 
amended effective February 1, 1993 as follows: 

(1) Bearwallow Creek from its source to 
2.3 miles upstream of the Toxaway 
River [Index No. 4-7-(l)] was revised 
to indicate the application of an 
additional management strategy 
(referencing 15A NCAC 2B .0201(d) to 
protect downstream waters; and 

(2) the Tuckaseegee River from its source 
to Tennessee Creek [Index No. 2-79- 
(0.5)] including all tributaries was 
reclassified from Classes WS-III&B Tr 
HQW, WS-III HQW and WS-III to 
Classes WS-III Tr ORW and WS-III 
ORW. 

Ijj The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area was 
amended effective May L, 1994 with the 
reclassification of Deep Creek [Index Nos. 2-79- 
63-(l) and 2-79-63-(16)1 from its source to the 
Great Smokey Mountains National Park Boundary 
including tributaries from Classes C Tr, B Tr and 
C Tr HQW to Classes WS-II Tr and WS-II Tr CA. 

Statutory' Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2040 



PROPOSED RILES 



V ¥ V 



:j: rfc A :^ 



■^ ^ ^ >f. ^ 



J\otice is herebx ^iveri in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Man- 
agement Conunission intends to amend rules cited 
as 15A NCAC 2D .0524 - .0525. .0531 . .0902. 
. 0907. . 0909. .0927- . 0928. . 0932 - . 0933. . 0952, 
and . 1002: adopt 2D . 0953 - . 0955. 

1 he proposed effective date of this action is July 
1. 1994. 

1 he public hearings will be conducted at: 

7:00 p.m. 

February 24. 1994 

Charlotte/Mecklenburg Government Center 

600 East 4th Street 

Charlotte-, North Carolina 

7:00 p. m. 

February 28. 1994 

Groundfloor Hearing Room 

Archdale Building 

512 North Salisbury Street 

Raleigh, North Carolina. 

Jxeason for Proposed Action: 

ISA NCAC 2D .0524 and .0525 - are being 

amended to replace the names of the ozone 

nonattainment areas with reference to the Code of 

Federal Register (40 CFR 81.334). also if the 

Director notices in the North Carolina Register, 

NSPS sources would have to comply with 15A 

NCAC 2D .0900: 

ISA NCAC 2D .0531 - to extend coverage to a 

1992 ozone nonattainment area that has been 

redesignated attainment if a violation later occurs 

by the Director noticing in the North Carolina 

Register: 

ISA NCAC 2D . 0902 - to extend coverage of VOC 

RACT rules to a 1992 ozone nonattainment area 

that has been redesignated attainment if a violation 

later occurs: 

ISA NCAC 2D .0907 - to clarify the applicability 

of this section: 

ISA NCAC 2D .0909 - to be amended to set up 

compliance schedules for sources in new 

nonattainment areas: ISA NCAC 2D .0927 - to 

define "breakout tank": 

ISA NCAC 2D .0928 - to clarif- Stage 1 control 

vessels, and to exempt farm tank"; less than 1100 



gallons and tanks used exclusively to test fiiel 

dispensing meters: 

ISA NCAC 2D .0932 - to clarif- that annual 

testing of collection systems is required only at 

bulk gasoline plants and bulk gasoline terminals: 

ISA NCAC 2D . 0933 - to clarif}- requirements for 

external floating roof tanks of welded construction 

equipped with a metallic type shoe primar\- sea! 

and a shoe mounted secondary- seal: 

ISA NCAC 2D .0952 - to extend the opportunity 

for using alternative controls to areas that become 

subject to VOC RACT rules because of the 

Director's notice in the NCR that the area is in 

violation: 

ISA NCAC 2D . 09S3 - to adopt a requirement to 

install piping for Stage II vapor recovery- controls 

at new gasoline service stations and tanks in the 

1992 ozone nonattainment areas: 

ISA NCAC 2D . 0954 - to adopt specifications for 

Stage II vapor recovery- controls: 

ISA NCAC 2D .0955 - to adopt compliance 

schedules for sources brought under VOC RACT 

rules because of the Director's notice in the NCR: 

ISA NCAC 2D .1002 - to extend inspection and 

maintenance to fleet vehicles operated in an I/M 

county and vehicles at a federal facility within an 

I/M county-. 

i^onmient Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Any person desiring to conunent for n-ujre 
than three minutes is requested to submit a written 
statement for inclusion in the record of 
proceedings at the public hearing. The hearing 
record will remain open until March 28, 1994 to 
receive additional written statements. Comments 
should be sent to and additional information 
concerning the hearing or the proposals may be 
obtained by- contacting: 

Mr. nomas C. Allen 

Division of Environmental Management 

P O. Box 29535 

Raleigh, North Carolina 27626-0535 

(919) 733-1489 

riscal Note: These Rules affect the expenditures 
or revenues of local funds. A fiscal note was 
submitted to the Fiscal Research Division on 
January 25, 1994, OSBM on January 25, 1994. 
N. C. League of Municipalities on January 25, 
1994, and N.C. Association of County 
Commissioners on January 25, 1994. 



2041 



8:21 



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February 1, 1994 



PROPOSED RULES 



CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION 
CONTROL STANDARDS 

.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) Sources of the following types when subject 
to new source performance standards promulgated 
in 40 CFR Part 60 shall comply with the emission 
standards, monitoring and reporting requirements, 
maintenance requirements, notification and record 
keeping requirements, performance test 
requirements, test method and procedure 
provisions, and any other provisions, as required 
therein, rather than with any otherwise-applicable 
rule in this Section which would be in conflict 
therewith. New sources of volatile organic 
compounds that are located in Davidson, Durham. 
Forsyth, Ga s ton. Guilford, Mecklenburg, or Walcc 
Counties, — Dutchvillc — Township — m — Granville 
County, or that part of Davie County bounded by 
the — Yadkin — River, — Dutchman s — Creek. — North 
Carolina Highway 801, Fulton Creek, and back to 
the Yadkin River an area designated in 40 CFR 
8L334 as nonattainment for ozone or an area 
identified in accordance with 15A NCAC 2D 
.0902(d) as being in violation of the ambient air 
quality standard for ozone shall comply with the 
following requirements, as well as with any 
applicable requirements in Section .0900 of this 
Subchapter: 

(1) fossil fuel-fired steam generators (40 
CFR 60.1 to 60.49, Subpart D); 

(2) incinerators (40 CFR 60.1 to 60.39 and 
60.50 to 60.59. Subpart E); 

(3) Portland cement plants (40 CFR 60. 1 to 
60.39 and 60.60 to 60.69. Subpart F); 

(4) nitric acid plants (40 CFR 60.1 to 
60.39 and 60.70 to 60.79. Subpart G); 

(5) sulfuric acid plants (40 CFR 60.1 to 
60.39 and 60.80 to 60.89, Subpart H); 

(6) asphalt concrete plants (40 CFR 60. 1 to 
60.39 and 60.90 to 60.99, Subpart I); 

(7) petroleum refineries (40 CFR 60.1 to 
60.39 and 60.100 to 60.109. Subpart 

J); 

(8) storage vessels for petroleum liquids for 
which construction, reconstruction, or 
modification commenced after June 1 1 . 
1973, and prior to May 19. 1978 (40 



CFR 60.1 to 60.39 and 60.110 to 
60,119. Subpart K); 

(9) secondary lead smelters (40 CFR 60. 1 
to 60.39 and 60. 120 to 60. 129, Subpart 
L); 

(10) secondary brass and bronze ingot 
production plants (40 CFR 60.1 to 
60.39 and 60.130 to 60.139, Subpart 
M); 

(11) iron and steel plants (40 CFR 60.1 to 
60.39 and 60.140 to 60.149, Subpart 
N); 

(12) sewage treatment plants (40 CFR 60.1 
to 60.39 and 60. 150 to 60. 159. Subpart 
O); 

(13) phosphate fertilizer industry: wet 
process phosphoric acid plants (40 CFR 
60.1 to 60.39 and 60.200 to 60.209. 
Subpart T); 

(14) phosphate fertilizer industry: 
superphosphoric acid plants (40 CFR 
60.1 to 60.39 and 60.210 to 60.219. 
Subpart U); 

(15) phosphate fertilizer industry: 
diammonium phosphate plants (40 CFR 
60.1 to 60.39 and 60.220 to 60.229, 
Subpart V); 

(16) phosphate fertilizer industry: triple 
superphosphate plants (40 CFR 60.1 to 
60.39 and 60.230 to 60.239, Subpart 
W); 

(17) phosphate fertilizer industry: granular 
triple superphosphate storage facilities 
(40 CFR 60.1 to 60.39 and 60.240 to 
60.249, Subpart X); 

(18) steel industry: electric arc furnaces (40 
CFR 60.1 to 60.39 and 60.270 to 
60.279. Subpart AA); 

(19) coal preparation plants (40 CFR 60. 1 to 
60.39 and 60.250 to 60.259. Subpart 
Y); 

(20) primary copper smelters (40 CFR 60. 1 
to 60.39 and 60. 160 to 60. 169, Subpart 

P); 

(21) primary zinc smelters (40 CFR 60.1 to 
60.39 and 60.170 to 60.179, Subpart 

Q); 

(22) primary lead smelters (40 CFR 60.1 to 
60.39 and 60.180 to 60.189. Subpart 
R); 

(23) primary aluminum reduction plants (40 
CFR 60.1 to 60.39 and 60.190 to 
60.199. Subpart S); 

(24) ferroalloy production facilities (40 CFR 
60.1 to 60.39 and 60.260 to 60.269. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2042 



PROPOSED RULES 



Subpart Z); 

(25) kraft pulp mills (40 CFR 60. 1 to 60.39 
and 60.280 to 60.289, Subpan BB); 

(26) grain elevators (40 CFR 60.1 to 60.39 
and 60.300 to 60.309, Subpart DD); 

(27) lime manufacturing plants (40 CFR 
60.1 to 60.39 and 60.340 to 60.349, 
Subpart HH); 

(28) stationar>' gas turbines (40 CFR 60. 1 to 
60.39 and 60.330 to 60.339, Subpart 
GG); 

(29) electric utility steam generating units 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.40a to 60.49a, Subpart Da); 

(30) storage vessels for petroleum liquids, 
for which construction, reconstruction, 
or modification commenced after May 
18, 1978 and prior to July 23, 1984 (40 
CFR 60.1 to 60.39 and 40 CFR 
60.110a to 60.119a, Subpart Ka); 

(31) glass manufacturing plants (40 CFR 
60.1 to 60.39 and 40 CFR 60.290 to 
60.299, Subpart CC); 

(32) lead-acid battery manufacturing (40 
CFR 60. 1 to 60.39 and 40 CFR 60.370 
to 60.379, Subpart KK); 

(33) automobile and light duty truck surfece 
coating operations (40 CFR 60.1 to 
60.39 and 40 CFR 60.390 to 60.399. 
Subpart MM); 

(34) phosphate rock plants (40 CFR 60.1 to 
60.39 and 40 CFR 60.400 to 60.409, 
Subpart NN); 

(35) ammonium sulfate manufacturing (40 
CFR 60. 1 to 60.39 and 40 CFR 60.420 
to 60.429, Subpart PP); 

(36) surface coating of metal furniture (40 
CFR 60.1 to 60.39 and CFR 60.310 to 
60.319, Subpart HE); 

(37) graphic arts industry; publication 
rotogravure printing (40 CFR 60.1 to 
60.39 and 40 CFR 60.430 to 60.439, 
Subpart QQ); 

(38) industrial surface coating: large 
appliances (40 CFR 60.1 to 60.39 and 
40 CFR 60.450 to 60.459, Subpart SS); 

(39) metal coil surface coating (40 CFR 60. 1 
to 60.39 and 40 CFR 60.460 to 60.469, 
Subpart TT); 

(40) beverage can surface coating industry 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.490 to 60.499, Subpart WW); 

(41) asphalt processing and asphalt roofing 
manufacture (40 CFR 60. 1 to 60.39 and 
40 CFR 60.470 to 60.479, Subpart 



UU); 

(42) bulk gasoline terminals (40 CFR 60.1 
to 60.39 and 40 CFR 60.500 to 60.509, 
Subpart XX); 

(43) metallic mineral processing plants (40 
CFR 60. 1 to 60.39 and 40 CFR 60.380 
to 60.389, Subpart LL); 

(44) pressure sensitive tape and label surface 
coating operations (40 CFR 60.1 to 
60.39 and 40 CFR 60.440 to 60.449, 
Subpart RR); 

(45) equipment leaks of VOC in the 
synthetic organic chemicals 
manufacturing industry (40 CFR 60. 1 
to 60.39 and 40 CFR 60.480 to 60.489, 
Subpart VV); 

(46) equipment leaks of VOC in petroleum 
refineries (40 CFR 60.1 to 60.39 and 
40 CFR 60.590 to 60.599, Subpart 
GGG); 

(47) synthetic fiber production facilities (40 
CFR 60. 1 to 60.39 and 40 CFR 60.600 
to 60.609, Subpart HHH); 

(48) flexible vinyl and urethane coating and 
printing (40 CFR 60. 1 to 60.39 and 40 
CFR 60.580 to 60.589, Subpart FFF); 

(49) petroleum dry cleaners (40 CFR 60. 1 to 
60.39 and 60.620 to 60.629, Subpart 
JJJ); 

(50) onshore natural gas processing plants: 
equipment leaks of volatile organic 
compounds (40 CFR 60.1 to 60.39 and 
60.630 to 60.639, Subpart KKK); 

(51) wool fiberglass insulation 
manufacturing (40 CFR 60.1 to 60.39 
and 60.680 to 60.689. Subpart PPP); 

(52) nonmetallic mineral processmg plants 
(40 CFR 60.1 to 60.39 and 60.670 to 
60.679, Subpart OOO); 

(53) steel plants: electric arc furnaces and 
argon-oxygen decarburization vessels 
constructed after August 17, 1983 (40 
CFR 60.1 to 60.39 and 60.270a to 
60.279a, Subpart AAa); 

(54) onshore natural gas processing: SO(2) 
emissions (40 CFR 60.1 to 60.39 and 
60.640 to 60.649, Subpart LLL); 

(55) basic oxygen process steelmaking 
facilities for which construction is 
commenced after January' 20, 1983: 
(40 CFR 60.1 to 60.39 and 60.140a to 
60.149a, Subpart Na); 

(56) industrial-commercial-institutionalsteam 
generating units (40 CFR 60.1 to 60.39 
and 60.40b to 60.49b. Subpart Db); 



2043 



8:21 



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February 1, 1994 



PROPOSED RULES 



(57) 



) 



(58) 
(59) 



(60) 
(61) 

(62) 



\ 



(63) 



(64) 

(65) 

(66) 
(67) 



(68) 



storage vessels 
liquid storage 
construction, 
modification 
23, 1984 (40 
and 40 CFR 



I 



volatile organic liquid 

(including petroleum 

vessels) for which 

reconstruction, or 

commenced after July 

CFR 60.1 to 60.39 

60. 110b to 60.119b, Subpart Kb); 

rubber tire manufacturing industry (40 

CFR 60. 1 to 60.39 and 40 CFR 60.540 

to 60.549, Subpart BBB); 

industrial surfece coating: surface 

coating of plastic parts for business 

machines (40 CFR 60.1 to 60.39 and 

40 CFR 60.720 to 60.729, Subpart 

TTT); 

magnetic tape coating facilities (40 CFR 

60.1 to 60.39 and 40 CFR 60.710 to 

60.719, Subpart SSS); 

volatile organic compound emissions 

from petroleum refinery wastewater 

systems (40 CFR 60.1 to 60.34 and 40 

CFR 60.690 to 60.699, Subpart QQQ); 

volatile organic compound emissions 

from the synthetic organic chemical 

manufecturing industry air oxidation 

unit processes (40 CFR 60.1 to 60.34 

and 40 CFR 60.610 to 60.618, Subpart 

III); 

volatile organic compound emissions 

from synthetic organic chemical 

manufacturing industry distillation 

operations (40 CFR 60.1 to 60.34 and 

40 CFR 60.660 to 60.668, Subpart 

NNN); 

polymeric coating of supporting 

substrates facilities (40 CFR 60.1 to 

60.34 and 40 CFR 60.740 to 60.748, 

Subpart VVV); 

small industrial-commercial-institutional 

steam generating units (40 CFR 60.1 to 

60.34 and 40 CFR 60.40c to 60.48c, 

Subpart Dc); 

municipal waste combustors (40 CFR 

60.1 to 60.34 and 40 CFR 60.50a to 

60.59a, Subpart Ea); 

volatile organic emissions from the 

polymer manufacturing industry [40 

CFR 60.1 to 60.34 and 40 CFR 60.560 

to 60.566 except 40 CFR 60.562-2(c), 

Subpart DDD]t ; 

volatile organic compound emissions 

from the synthetic chemical 

manufacturing industry reactor 

processes £40 CFR 60.1 to 60.34 and 

40 CFR 60.700 to 60.708 except 40 



CFR 60.703(e), Subpart RRR1. 

(b) All requests, reports, applications, 
submittals, and other communications to the 
administrator required under Paragraph (a) of this 
Rule shall be submitted to the Director of the 
Division of Environmental Management rather 
than to the Environmental Protection Agency. 

(c) In the application of this Rule, definitions 
contained in 40 CFR Part 60 shall apply rather 
than those of Section .0100 of this Subchapter 
when conflict exists. 

(d) Paragraphs (a) and fb) of Rule .0601 of 
Subchapter 2H of this Chapter are not applicable 
to any source to which this Rule applies. The 
source shall apply for and receive a permit as 
required in Paragraph (c) of Rule .0601 of Sub- 
chapter 2H of this Chapter. 

(e) The Code of Federal Regulations cited in 
this Rule are incorporated by reference and shall 
automatically include any later amendments thereto 
except for categories of sources not referenced in 
Paragraph (a) of this Rule. Categories of sources 
not referenced in Paragraph (a) of this Rule for 
which EPA has promulgated new source perfor- 
mance standards in 40 CFR Part 60, if and when 
incorporated into this Rule, shall be incorporated 
using rule-making procedures. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5): 150B-21. 6. 

.0525 NATIONAL EMISSION STANDARDS 
FOR HAZARDOUS AIR 
POLLUTANTS 

(a) Sources emitting pollutants of the following 
types when subject to national emission standards 
for hazardous air pollutants promulgated in 40 
CFR Part 61 shall comply with emission standards, 
monitoring and reporting requirements, mainte- 
nance requirements, notification and record keep- 
ing requirements, performance test requirements, 
test method and procedure provisions, and any 
other provisions, as required therein, rather than 
with any otherwise-applicable rule in this Section 
which would be in conflict therewith. New sourc- 
es of volatile organic compounds that are located 
in Davidson, Durham, Forsyth, Ga s ton. Guilford, 
Mecklenburg. — ef — Wok e — Counties, — Dutchville 
Town s hip in Granville County, — or that part of 
Davie — County — bounded — by the — Yadkin — Riv e r. 
Dutchmans Creek, North Carolina Highvvay 8 01., 
Fulton Creek, and back to the Yadkin River an 
area designated in 40 CFR 81 .334 as 
nonattainment for ozone or in area identified in 
accordance with I5A NCAC 2D .0902(d) as being 



8:21 



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February 1, 1994 



2044 



PROPOSED RULES 



in violation of the ambient air quality standard for 
ozone shall comply with the following 
requirements, as well as with any applicable 
requirements in Section .0900 of this Subchapter: 

(1) asbestos (40 CFR 61.01 to 61.19 and 
61.140 to 61.159, Subpart M, with the 
exception named in 40 CFR 61.157); 

(2) beryllium (40 CFR 61.01 to 61.19 and 
61.30 to 61.39, Subpart C); 

(3) beryllium from rocket motor firing (40 
CFR 61.01 to 61.19 and 61.40 to 
61.49, Subpart D); 

(4) mercury (40 CFR 61.01 to 61.19 and 
61.50 to 61.59, Subpart E); 

(5) vinyl chloride (40 CFR 61.01 to 61.19 
and 61.60 to 61.71, Subpart F); 

(6) equipment leaks (fugitive emission 
sources) of benzene (40 CFR 61.01 to 
61.19 and 61.110 to 61.119, Subpart 

J); 

(7) equipment leaks (fugitive emission 
sources) (of volatile hazardous air 
pollutants) (40 CFR 61.01 to 61.19 and 
61.240 to 61.249, Subpart V); 

(8) inorganic arsenic emissions from glass 
manufecturing plants (40 CFR 61.01 to 
61.19 and 61.160 to 61.169, Subpart 
N); 

(9) inorganic arsenic emissions from 
primary copper smelters (40 CFR 61 .01 
to 61. 19 and 61. 170 to 61.179, Subpart 
O); 

(10) inorganic arsenic emissions from 
arsenic trioxide and metallic arsenic 
production facilities (40 CFR 61.01 to 
61.19 and 61.180 to 61.186, Subpart 

P); 

(11) benzene emissions from benzene 
transfer operations (40 CFR 61.01 to 
61.19 and 61.300 to 61.306, Subpart 
BB): 

(12) benzene waste operations (40 CFR 
61.01 to 61.19 and 61.340 to 61.358, 
Subpart FF): 

(13) benzene emissions from cotce 
by-product recovery plants (40 CFR 
61.01 to 61.19 and 61.130 to 61.139, 
Subpart L); 

(14) benzene emissions from benzene 
storage vessels (40 CFR 61.01 to 61.19 
and 61.270 to 61.277 except 61.273, 
Subpart Y). 

(b) All requests, reports, applications, 

submittals, and other communications to the 
administrator required under Paragraph (a) of this 



Rule shall be submitted to the Director of the 
Division of Environmental Management rather 
than to the Environmental Protection Agency; 
except that all such reports, applications, 
submittals, and other communications to the 
administrator required by 40 CFR 61.145 shall be 
submitted to the Director, Division of 
Epidemiology. 

(c) In the application of this Rule, definitions 
contained in 40 CFR Part 61 shall apply rather 
than those of Section .0100 of this Subchapter 
when conflict exists. 

(d) Paragraphs (a) and (b) of Rule 15A NCAC 
2H .0601 are not applicable to any source to 
which this Rule applies. The source shall apply 
for and receive a permit as required in Paragraph 
(c) of Rule 15A NCAC 2H .0601. 

(e) The Code of Federal Regulations cited in 
this Rule are incorporated by reference and shall 
automatically include any later amendments thereto 
except for categories of sources not referenced in 
Paragraph (a) of this Rule. Categories of sources 
not referenced in Paragraph (a) of this Rule for 
which EPA has promulgated national emission 
standards for hazardous air pollutants in 40 CFR 
Part 61, if and when incorporated into this Rule, 
shall be incorporated using rule-making 
procedures. 

Statutory- Authority G.S. 143-215. 3(a)(1): 
143-215. 107(a)(5): 150B-21. 6. 

.0531 SOURCES IN NONATTAINMENT 
AREAS 

(a) Applicability. 
(1) Ozone Nonattainment Areas. This Rule 
applies to major stationary sources and 
major modifications of sources of 
volatile organic compounds or nitrogen 
oxides for which construction 
commences after the area m v,'hich the 
source is located is designated in 
accordance with Part (A) or ^Bj of this 
Subparagraph and which are located ini 

(A) areas designated in 40 CFR 81.334 as 
nonattainment for ozone and — fef 
which con s truction commenced after 
the area in which the source is located 
i s li s t e d in 4 CFR 81.33 4 as 
nonattainment for ozone ^ or 

(B) any of the following areas and m that 
area only when the Director notices in 
the North Carolina Register that the 
area is in violation of the ambient air 
quality standard for ozone: 



2045 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



> 



) 



(i) Charlotte/ Gastonia. consisting of 
Mecklenburg and Gaston 
Counties; 
(ii) Greensboro/Winston-Salem/High 
Point, consisting of Davidson, 
Forsyth, and Guilford Counties 
and that part of Davie County 
bounded by the Yadkin River, 
Dutchmans Creek, North Carolina 
Highway 801, Fulton Creek and 
back to Yadkin River; or 
(iii) Raleigh/Durham, consisting of 
Durham and Wake Counties and 
Dutchville Township in Granville 
County- 
Violations of the ambient air quality 
standard for ozone shall be 
determined in accordance with 40 
CFR 50.9. 



> 



(2) Carbon Monoxide Nonattainment 
Areas. This Rule applies to major 
stationary sources and major 
modifications of sources of carbon 
monoxide located in areas designated in 
40 CFR 81.334 as nonattainment for 
carbon monoxide and for which 
construction commences after the area 
in which the source is located is listed 
in 40 CFR 81 .334 as nonattainment for 
carbon monoxide. 

(3) Redesignation to Attainment. If any 
county or part of a county to which this 
Rule applies is later designated in 40 
CFR 81.334 as attainment for ozone or 
carbon monoxide, all sources in that 
county subject to this Rule before the 
redesignation date shall continue to 
comply with this Rule. 

(b) For the purpose of this Rule the definitions 
contained in 40 CFR 51.165(a)(1) and 40 CFR 
51.301 shall apply. The reasonable period 
specified in 40 CFR 51 . 165(a)(l )(vi)(C)(l)shall be 
seven years. 

(c) This Rule is not applicable to: 

(1) complex sources of air pollution that 
are regulated only under Section .0800 
of this Subchapter and not under any 
other rule in this Subchapter; 

(2) emission of pollutants at the new major 
stationary source or major modification 
located in the nonattainment area which 
are pollutants other than the pollutant or 
pollutants for which the area is 
nonattainment. (A major stationary 
source or major modification that is 



major for volatile organic compounds 
or nitrogen oxides is also major for 
ozone.); 

(3) emission of pollutants for which the 
source or modification is not major; 

(4) a new source or modification which 
qualifies for exemption under the 
provision of 40 CFR 51.165(a)(4); and 

(5) emission of the following volatile 
organic compounds: 

(A) carbon monoxide, 

(B) carbon dioxide, 

(C) carbonic acid, 

(D) metallic carbides or carbonates, 

(E) ammonium carbonate, 

(F) methane, 

(G) ethane, 

(H) trichlorofluoromethane 

(chlorofluorocarbon II), 
(I) dichlorodifluorome thane 

(chlorofluorocarbon 12), 
(J) chlorodifluoromethane 

(chlorofluorocarbon 22), 
(K) trifluoromethane (fluorocarbon 23), 
(L) trichlorotrifluoroethane 

(chlorofluorocarbon 113), 
(M) d i c h I o r o t e t ra fl u o ro e t h a n e 

(chlorofluorocarbon 1 14), 
(N) chloropentafluoroethane 

(chlorofluorocarbon 115), 
(O) 1 , 1 , 1 -trichloroethane (methyl 

chloroform), 
( P) dichloromethane ( methylene chloride) , 
(Q) dichlorotrifluoroethane 

(hydrochlorofluorocarbon 123), 
(R) tetrafluoroethane (hydrofluorocarbon 

134a), 
(S) dichlorofluoroethane 

(hydrochlorofluorocarbon 141b), 
(T) chlorodifluoroethane 

(hydrochlorofluorocarbon 142b), 
(U) 2-chloro- 1 ,1,1 ,2-tetrafluoroethane 

(hydrochlorofluorocarbon 124), 
(V) pentafluoroethane (hydrofluorocarbon 

125), 
(W) 1 , 1 ,2,2-tetrafluoroethane 

(hydrofluorocarbon 134), 
(X) 1,1,1-trifluoroethane 

(hydrofluorocarbon 143a), 
(Y) 1,1-difluorocarbon (hydrofluorocarbon 

152a), and 
(Z) perfluorocarbon compounds that fall 

into these classes: 
(i) cyclic, branched, or linear 
completely fluorinated alkanes; 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2046 



I' RO POSED RULES 



(ii) cyclic, branched, or linear 
completely fluorinated ethers with 
no unsaturations; 

(iii) cyclic, branched, or linear 
completely fluorinated tertiary 
amines with no unsaturations; and 

(iv) sulfur containing perfluorocarbons 
with no unsaturations and with 
sulfur bonds only to carbon and 
fluorine. 

(d) Paragraphs (a) and (b) of 15A NCAC 2H 
.0601 are not applicable to any source to which 
this Rule applies. The source shall apply for and 
receive a permit as required in Paragraph (c) of 
15A NCAC 2H .0601. 

(e) To issue a permit to a source to which this 
Rule applies, the Director shall determine that the 
source will meet the following requirements: 

(1) The source will emit the nonattainment 
pollutant at a rate no more than the 
lowest achievable emission rate. 

(2) The owner or operator of the proposed 
new or modified source has 
demonstrated that all major stationary 
sources in the State which are owned or 
operated by this person (or any entity 
controlling, controlled by. or under 
common control with this person) are 
subject to emission limitations and are 
in compliance, or on a schedule for 
compliance which is federally 
enforceable or contained in a court 
decree, with all applicable emission 
limitations and standards of this 
Subchapter which EPA has authority to 
approve as elements of the North 
Carolina State Implementation Plan for 
Air Quality. 

(3) The source will obtain sufficient 
emission reductions of the 
nonattainment pollutant from other 
sources in the nonattainment area so 
that the emissions from the new major 
source and associated new minor 
sources will be less than the emissions 
reductions by a ratio of at least 1 .00 to 
1.15 for volatile organic compounds 
and nitrogen oxides and by a ratio of 
greater than one to one for carbon 
monoxide. The baseline for this 
emission offset shall be the actual 
emissions of the source from which 
offset credit is obtained. Emission 
reductions must not include any 
reductions resulting from compliance 



(or scheduled compliance) with 
applicable rules in effect prior to the 
application. The difference between the 
emissions from the new major source 
and associated new minor sources of 
carbon monoxide and the emission 
reductions must be sufficient to 
represent reasonable further progress 
toward attaining the Ambient Air 
Quality Standards. The emissions 
reduction credits must also conform to 
the provisions of 40 CFR 
5 1.165{a)(3)(ii)(A) through (G). 
(4) The North Carolina State 
Implementation Plan for Air Quality is 
being carried out for the nonattainment 
area in which the proposed source is 
located. 

(f) When a particular source or modification 
becomes a major stationary source or major 
modification solely by virtue of a relaxation in any 
enforceable limitation established after August 7, 
1980, on the capacity of the source or modification 
to emit a pollutant, such as a restriction on hours 
of operation, then the provisions of this Rule shall 
apply to the source or modification as though 
construction had not yet begun on the source or 
modification. 

(g) To issue a permit to a source of a 
nonattainment pollutant, the Director shall 
determine, in addition to the other requirements of 
this Rule, that an analysis (produced by the permit 
applicant) of alternative sites, sizes, production 
processes, and environmental control techniques 
for source demonstrates that the benefits of the 
source significantly outweigh the environmental 
and social costs imposed as a result of its location, 
construction, or modification. 

(h) Approval of an application with regard to the 
requirements of this Rule shall not relieve the 
owner or operator of the responsibility to comply 
fully with applicable provisions of other rules of 
this Chapter and any other requirements under 
local, state, or federal law. 

(i) When a source or modification subject to this 
Rule may affect the visibility of a Class I area 
named in Paragraph (c) of Rule .0530 of this 
Section, the following procedures shall be 
followed; 

( 1 ) The owner or operator of the source 
shall provide an analysis of the 
impairment to visibility that would 
occur as a result of the source or 
modification and general commercial, 
industrial and other growth associated 



2047 



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NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



with the source or modification. 

(2) The Director shall provide written 
notification to all affected Federal Land 
Managers within 30 days of receiving 
the permit application or within 30 days 
of receiving advance notification of an 
application. The notification shall be at 
least 30 days prior to the publication of 
the notice for public comment on the 
application. The notification shall 
include a copy of all information 
relevant to the permit application 
including an analysis provided by the 
source of the potential impact of the 
proposed source on visibility. 

(3) The Director shall consider any analysis 
concerning visibility impairment 
performed by the Federal Land 
Manager if the analysis is received 
within 30 days of notification. If the 
Director finds that the analysis of the 
Federal Land Manager fails to 
demonstrate to his satisfaction that an 
adverse impact on visibility will result 
in the Class I area, the Director shall 
provide in the notice of public hearing 
on the application, an explanation of his 
decision or notice as to where the 
explanation can be obtained. 

(4) The Director shall only issue permits to 
those sources whose emissions will be 
consistent with making reasonable 
progress towards the national goal of 
preventing any future, and remedying 
any existing, impairment of visibility in 
mandatory Class I areas when the 
impairment results from man-made air 
pollution. In making the decision to 
issue a permit, the Director shall 
consider the cost of compliance, the 
time necessary for compliance, the 
energy and nonair quality 
environmental impacts of compliance, 
and the useful life of the source. 

(5) The Director may require monitoring of 
visibility in or around any Class I area 
by the proposed new source or 
modification when the visibility impact 
analysis indicates possible visibility 
impairment. 

The requirements of this Paragraph shall not apply 
to nonprofit health or nonprofit educational 
institutions. 

(j) The version of the Code of Federal 
Regulations incorporated in this Rule is that as of 



January 1, 1989, and does not include any 
subsequent amendments or addition s editions to the 
referenced material. 

Statutory Authority G.S. 143-215. 3(a)(l ): 
143-215. 107(a)(5); 143-215. 108(h): 150B-21.6. 

SECTION .0900 - VOLATILE 
ORGANIC COMPOUNDS 

.0902 APPLICABILITY 

(a) Rules .0925, .0926, .0927, .0928, .0932, 
and .0933 of this Section apply statewide, in 
accordance with Rule .0946 of this Section. 

(b) Rule .0953 of this Section applies in 
Davidson, Durham, Forsyth, Gaston. Guilford, 
Mecklenburg, Wake, Dutchville Township in 
Granville County, and that part of Davie County 
bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801 , Fulton Creek and 
back to Yadkin River in accordance with 
provisions set out in that Rule. 

(c) fb) With the exceptions stated in Paragraph 
(jQ {d) of this Rule, this Section applies, in 
accordance with Rules .0907 and .0946 of this 
Section, to all sources of volatile organic 
compounds located in an area designated in 40 
CFR 81 .334 as nonattainment for ozone. 

(d) With the exceptions stated in Paragraph (f) 
of this Rule, this Section shall apply, m 
accordance with Rule .0909 of this Section, to all 
sources of volatile organic compounds located \n 
any of the following areas and jn that area only 
when the Director notices in the North Carolina 
Register that the area is in violation of the ambient 
air quality standard for ozone: 

(1) Charlotte/Gastonia, consisting of 
Mecklenburg and Gaston Counties; 

(2) Greensboro/ Winston-Salem/High Point, 
consisting of Davidson, Forsyth , and 
Guilford Counties and that part of 
Davie County bounded by the Yadkin 
River, Dutchmans Creek, North 
Carolina Highway 801, Fulton Creek 
and back to Yadkin River; or 

(3) Raleigh/Durham, consisting of Durham 
and Wake Counties and Dutchville 
Township in Granville County. 

At least one week before the scheduled publication 
date of the North Carolina Register containing the 
Director's notice of violation, the Director shall 
send written notification to all permitted facilities 
within the area of violation that are or may be 



subject to the requirements of this Section as a 
result of the violation informing them that they are 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2048 



PROPOSED RULES 



or may be subject to the requirements of this 
Section. Violations of the ambient air quality 
standard for ozone shall be determined in 
accordance with 40 CFR 50.9. 

(e) (e) If Mecklenburg County is designated 
attainment in 40 CFR 81.334, all sources in 
Mecklenburg County subject to a riile in this 
Section before July 1, 1994, shall continue to 
comply with all such applicable rules in this 
Section. If any county or part of a county to 
which the Section applies in accordance with 
Paragraph (te) [c] of this Rule is later designated in 
40 CFR 81.334 as attainment for ozone, all 
sources in that county or that part of the county 
subject to a rule in this Section before the 
redesignation date shall continue to comply with 
all applicable rules in this Section. 

(f) {4) This Section does not apply to: 

(1) sources whose emissions of volatile 
organic compounds are not more than 
15 pounds per day, except that this 
Section does apply to the manufacture 
and use of cutback asphalt and to 
gasoline service stations or gasoline 
dispensing facilities regardless of levels 
of emissions of volatile organic 
compounds; 

(2) sources used exclusively for chemical 
or physical analysis or determination of 
product quality and commercial 
acceptance provided: 

(A) The operation of the source is not an 
integral part of the production 
process; and 

(B) The emissions from the source do not 
exceed 800 pounds per calendar 
month; and 

(C) The exemption is approved in writing 
by the Director; or 

(3) emissions of volatile organic 
compounds during startup or shutdown 
operations from sources which use 
mcineration or other types of 
combustion to control emissions of 
volatile organic compounds whenever 
the off-gas contains an explosive 
mixture during the startup or shutdown 
operation if the exemption is approved 
by the Director. 

(g) {e) Sources whose emissions of volatile 
organic compounds are not subject to limitation 
under this Section may still be subject to emission 
limits on volatile organic compounds in Rule .0524 
or .0525 of this Subchapter. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5). 

.0907 COMPLIANCE SCHEDULES FOR 
SOURCES EN NONATTAINMENT 
AREAS 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph fH ic) of Rule .0902 of this Section on 
July L, 1994, that are subject to Rules .0917 
through .0924, .0929 through .0931, .0934 
through .0938, .0943 through .0945, and .0947 
through .0951 of this Section. 

(b) This Rule does not apply to: 

( 1 ) sources in Mecklenburg County to 
which Rules .0917 through .0938 apply 
and which are located at a facility 
where the total potential emissions of 
volatile organic compounds from all 
stationary sources at the facility is 100 
tons per year or more, or 

(2) sources covered under Rule .0946^ 
.0953. or .0954 of this Section. 

(c) The owner or operator of any source subject 
to this Rule who proposes to comply with a rule in 
this Section by installing emission control 
equipment, replacing process equipment, or 
modifying existing process equipment, shall adhere 
to the following increments of progress and 
schedules: 

(1) A permit application and a compliance 
schedule shall be submitted before 
January 1, 1995; 

(2) The compliance schedule shall contain 
the following increments of progress: 

(A) a date by which contracts for the 
emission control system and process 
equipment shall be awarded or orders 
shall be issued for purchase of 
component parts; 

(B) a date by which on-site construction 
or installation of the emission control 
and process equipment shall begin; 
and 

(C) a date by which on-site construction 
or installation of the emission control 
and process equipment shall be 
completed. 

(3) Final compliance shall be achieved by 
May 31, 1995. 

The owner or operator shall certify to the Director 
within 10 days after the deadline, for each 
increment of progress, whether the required 
increment of progress has been met. 

(d) The owner or operator of any source subject 



2049 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



to this Rule who proposes to comply with a rule in 
this Section by using low solvent content coating 
technology shall adhere to the following incre- 
ments of progress and schedules: 

(1) The permit application and a compli- 
ance schedule shall be submitted before 
January 1, 1995. 

(2) The compliance schedule shall contain 
the following increments of progress: 

(A) a date by which research and develop- 
ment of low solvent content coating 
shall be completed if the Director 
determines that low solvent content 
coating technology has not been suffi- 
ciently researched and developed; 

(B) a date by which evaluation of product 
quality and commercial acceptance 
shall be completed; 

(C) a date by which purchase orders shall 
be issued for low solvent content 
coatings and process modifications; 

(D) a date by which process modifications 
shall be initiated; and 

(E) a date by which process modifications 
shall be completed and use of low 
solvent content coatings shall begm. 

(3) Final compliance shall be achieved by 
May 1, 1995. 

The owner or operator shall certify to the Director 
within 10 days after the deadline, for each incre- 
ment of progress, whether the required increment 
of progress has been met. 

(e) The owner or operator of sources subject to 
this Rule shall, if the Director requires a test to 
demonstrate that compliance has been achieved, 
conduct a test and submit a final test report within 
six months after the stated date of final compli- 
ance. 

(f) With such exception as the Director may 
allow, the owner or operator of any source subject 
to this Rule shall continue to comply with 15A 
NCAC 2D .0518 until such time as the source 
complies with applicable rules in this Section or 
until the final compliance date set forth in this 
Rule, whichever comes first. The Director may 
allow the following exceptions: 

(1) testing coating materials; 

(2) making or testing equipment or process 
modifications; or 

(3) adding or testing control devices. 

(g) The owner or operator of any new source of 
volatile organic compounds not in existence or 
under construction as of June 30, 1994. shall 
comply with all applicable rules in this Section 
upon start-up of the source. 



Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.68; 143-215. 107(a)(5). 

.0909 COMPLIANCE SCHEDULES FOR 
SOURCES IN NEW 
NONATTAINMENT AREAS 

(a) — If the Director determines that low solvent 
content coating technology has been suflicicntly 
researched and developed for a particular applica 
tion, the owner or operator of a volatile organic 
compound emission source proposing to comply 
with Regulations .0917 through .0931 of thi s 
Section through application of low solvent content 
coatings shall achieve final compliance, determined 
m — accordance — with — Regulation s — .0913 through 
.0916 and .0939 through .09 4 2 of this Section, 
before October 1, 1981. 

fb) With the exception s tated in Regulation 

.0910 or .0911 of this Section or in Paragraph (d) 
of this Regulation, the owner or operator of an 
existing (as of June 30, — 19 8 0) volatile organic 
compound emission source proposing to employ 
low solvent content coating technology to comply 
with Regulations .0932 through .0938 of thi s 
Section shall achieve final compliance, determined 
in accordance — with — Regulations — .0912 through 
.0916 and .0939 through .09 4 2 of this Section, 
before January 1, 1983. 

(e^ — With the exception stated in Regulation 
.0910 of this Section, the owner or operator of a 
new — volatile — organic — compound s ource — net — ifl 
existence as of June 30, 1979, or June 30, 1980, 
shall comply with Regulations .0917 through .0931 
or Regulation s .0932 through .0938, respectively, 
of this Section — upon s ource s tart up. 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph (d) of Rule .0902 of this Section. 

(b) This Rule does not apply to: 

d) sources in Mecklenburg County to 
which Rules .0917 through .0938 apply 
and which are located at a facility 
where the total potential emissions of 
volatile organic compounds from all 
stationary sources at the facility is 100 
tons per year or more, or 
sources covered under Rule .0946. 



121 



.0953, or .0954 of this Section. 



(c) The owner or operator of any source subject 
to this Rule because of the application of Para- 
graph (a) of Rule .0902 of this Section shall 
adhere to the following increments of progress 
and schedules: 

(1) if compliance is to be achieved by 
installing emission control equipment. 



8:21 



NORTH CAROLINA REGISTER 



February I, 1994 



2050 



PROPOSED RULES 



replacing process equipment. or 
modifying existing process equipment: 

(A) A permit application and a compliance 
schedule shall be submitted within six 
months after the Director notices in 
the North Carolina Register that an 
area is in violation of the ambient air 
quality standard for ozone; 

(B) The compliance schedule shall contain 
the followmg increments of progress: 

(i) a date by which contracts for the 
emission control system and 
shall 



Iv) 



and 

a date by 



which process 



process equipment 



be 



mi 



(iiii 



(C) 



Ql 



awarded or orders shall be issued 
for purchase of component parts: 
a date by which on-site 
construction or installation of the 
emission control and process 
equipment shall begin: and 
_ a date by which on-site 
construction or installation of the 
emission control and process 
equipment shall be completed: 
Final compliance shall be achie\ed 
within three years after the Director 
notices in the North Carolina Register 
that the area is in violation of the 
ambient air quality standard for 
ozone. 
if compliance is to be achieved by using 
low soh'ent content coating technology: 
(A) A permit application and a compliance 
schedule shall be submitted v.ithin six 
months after the Director notices in 
the North Carolina Register that an 
area is in violation of the ambient air 
qualits' standard for ozone: 
The compliance schedule shall contain 
the following increments: 
(i) a date by v.'hich research and 
development of low solvent 
content coating shall be completed 
if the Director determines that low 
soh'ent content coating technology 
has not been sufficiently 
researched and developed: 
(ii) a date by which evaluation of 
product quality and commercial 
acceptance shall be completed: 
(iii) a date by which purchase orders 
shall be issued for lov.' soh'ent 
content coatings and process 
modifications: 
(iv) a date by which process 
modifications shall be initiated: 



ili 



modifications shall be completed 

and use of low solvent content 

coatings shall begin: 

(C) Final compliance shall be achieved 

within three years after the Director 

notices in the North Carolina Register 

that the area is in violation of the 

ambient air quality standard for 

ozone. 

(d) The owner or operator shall certif\' to the 
Director within five days after the deadline, for 
each increment of progress in Paragraph (c) of this 
Rule, whether the required increment of progress 
has been met. 

(e) If the Director requires a test to demonstrate 
that compliance has been achie\'ed the owner or 
operator of sources subject to this Rule shall 
conduct a test and submit a final test report within 
six months after the stated date of final 
compliance. 

(f) With such exception as the Director may 
allow, the ov.'ner or operator of any source subject 
to this Rule shall continue to comply with 15A 
NCAC 2D .0518 until such time as the source 
complies 'v».ith applicable rules in this Section or 
until the final compliance date set forth in this 
Rule. whiche\'er comes first. The Director may 



allow the following exceptions: 

( 1 ) testing coating materials: 

(2) making or testing equipment or process 
modifications: or 

(3) adding or testing control devices^ 

(g) The owner or operator of any new source of 
volatile organic compounds not m existence or 
under construction as of the date that the Director 
North 



notices in 



the 



Carolina Register in 



accordance v.ith Paragraph (c) of Rule .0902 of 
this Section that the area is in \'iolation of the 
ambient air quality standard for ozone, shall 
comply with all applicable rules m this Section 
upon start-up of the source. 

(h) Paragraphs (c). (d). and (f) of this Rule will 
not apply to sources that are in compliance with 
applicable rules of this Section when the Director 
notices in the North Carolina Register that the area 
is in violation of the ambient air quality standard 
for ozone and that have determined and certified 
compliance to the satisfaction of the Director 
within six months after the Director notices in the 
North Carolina Register that the area is in 
violation. 



Statuton Authorin- G.S. 143-215. 3(a)il >: 143- 



2051 



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NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



215.107(a)(5). 

.0927 BULK GASOLINE TERMINALS 

(a) For the purpose of this Rule, the following 
definitions apply: 

(1) "Bulk gasoline terminal" means: 

(A) breakout tanks of an interstate oil 
pipeline facility; or 

(B) a gasoline storage facility which 
usually receives gasoline from 
refineries primarily by pipeline, ship, 
or barge; and delivers gasoline to 
bulk gasoline plants or to commercial 
or retail accounts primarily by tank 
truck; and has an average daily 
throughput of more than 20,000 
gallons of gasoline. 

(2) "Gasoline" means a petroleum distillate 
having a Reid vapor pressure of four 
psia or greater. 

(3) "Breakout tank" means a tank used to: 

(A) relieve surges in a hazardous liquid 
pipeline system, or 

(B) receive and store hazardous liquids 
transported by pipeline for reinjection 
and continued transport by pipeline. 

(b) This Rule applies to bulk gasoline terminals 
and the appurtenant equipment necessary to load 
the tank truck or trailer compartments. 

(c) Gasoline shall not be loaded into any tank 
trucks or trailers from any bulk gasoline terminal 
unless: 

(1) The bulk gasoline terminal is equipped 
with a vapor control system that 
prevents the emissions of volatile 
organic compounds from exceeding: 

(A) 80 milligrams per liter (4.7 grains per 
gallon) of gasoline loaded for control 
systems installed before December 1, 
1992 until December 1, 1995 or the 
next major modification, whichever 
occurs first; after December 1, 1995 
or at the next major modification, 
these control systems shall prevent 
emissions of volatile organic 
compounds from exceeding 35 
milligrams per liter of gasoline 
loaded; 

(B) 35 milligrams per liter for control 
systems installed after December 1 , 
1992; and that is properly installed, in 
good working order, and in operation. 
The owner or operator shall obtain 
from the manufacturer and maintain 
in his records a pre-installation 



certification stating the vapor control 
efficiency of the system in use; 

(2) Displaced vapors and gases are vented 
only to the vapor control system or to a 
flare; 

(3) A means is provided to prevent liquid 
drainage from the loading device when 
it is not in use or to accomplish 
complete drainage before the loading 
device is disconnected; and 

(4) All loading and vapor lines are 
equipped with fittings which make 
vapor-tight connections and which are 
automatically and immediately closed 
upon disconnection. 

(d) Sources regulated by Paragraph (b) of this 
Rule shall not: 

(1) allow gasoline to be discarded in sewers 
or stored in open containers or handled 
in any manner that would result in 
evaporation, or 

(2) allow the pressure in the vapor 
collection system to exceed the tank 
truck or trailer pressure relief settings. 

(e) The owner or operator of a bulk gasoline 
terminal shall paint all tanks used for gasoline 
storage white or silver at the next scheduled 
painting or by December 1, 2002, whichever 
occurs first. 

(f) The owner or operator of a bulk gasoline 
terminal shall install on each external floating roof 
tank with an inside diameter of 100 feet or less 
used to store gasoline a self-supporting roof, such 
as a geodesic dome, at the next time that the tank 
IS taken out of service or by December 1 , 2002, 
whichever occurs first. 

(g) The following equipment shall be required 
on all new tanks storing gasoline at a bulk gasoline 
terminal when put into service and shall be 
required on all existing tanks storing gasoline at a 
bulk gasoline terminal by December 1, 1995: 

(1) rim-mounted secondary seals on all 
external and internal floating roof 
tanks, 

(2) gaskets on roof and deck fittings or 
welded seams where possible, and 

(3) floats in the slotted guide poles with a 
gasket around the cover of the poles. 

(h) If, upon facility or operational modification 
of a bulk gasoline terminal that existed before 
December 1, 1992, an increase in benzene 
emissions results such that: 

(1) emissions of volatile organic 
compounds increase by more than 25 
tons cumulative at any time during the 



8:21 



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February 1, 1994 



2052 



PROPOSED RULES 



five years following modifications; and 

(2) annual emissions of benzene from the 

cluster where the bulk gasoline terminal 

is located (including the pipeline and 

marketing terminals served by the 

pipeline) exceed benzene emissions 

from that cluster based upon calendar 

year 1991 gasoline throughput and 

application of the requirements of this 

Subchapter, the annual increase in 

benzene emissions due to the 

modification shall be offset within the 

cluster by reduction in benzene 

emissions beyond that otherwise 

achieved as a result of compliance with 

this Rule, in the ratio of at least 1.3 to 

1. 

(!) The owner or operators of a bulk gasoline 

terminal that has been permitted before December 

1, 1992, to emit toxic air pollutants under 15A 

NCAC 2H .0610 to comply with Section .1 100 of 

this Subchapter shall continue to adhere to all 

terms and conditions of the permit issued under 

15A NCAC 2H .0610 and to bring the terminal 

into compliance with Section .1100 of this 

Subchapter in accordance with the terms and 

conditions of the permit, in which case the bulk 

gasoline terminal shall continue to need a permit to 

emit toxic air pollutants and shall be exempted 

from Paragraphs (e) through (h) of this Rule. 

(j) Within one year after December 1, 1996, the 
Director shall determine the incremental ambient 
benzene levels at the fence line of any bulk 
gasoline terminal cluster resulting from benzene 
emissions from such cluster and shall report his 
findings to the Commission. 

(k) The owner or operator of any bulk gasoline 
terminal subject to this Rule that begins 
construction or is in operation before December 1, 
1992, shall submit: 

(1) documentation that the control system 
meets the limit of 35 milligrams per 
liter required under Paragraph (c) of 
this Rule and that the requirements of 
Paragraph (g) of this Rule have been 
met, or 

(2) a compliance schedule by which the 
bulk gasoline terminal shall come into 
compliance by December 1, 1995, with 
Paragraphs (c) or (g) of this Rule. 

Statutory Authority- G.S. 143-215. 3(a)(l ): 
143-215. W7(a)(5). 

.0928 GASOLINE SERVICE STATIONS 



STAGE I 

(a) Definitions. 



For the purpose of this 



Regulation Rule, the following definitions apply: 



(1) 



(2) 



(3) 



(A) 



IB] 



(4) 
(5) 

(6) 

(7) 

18) 

19} 
(101 



"Gasoline" means a petroleum distillate 
having a Reid vapor pressure of four 
psia or greater. 

"Delivery vessel" means tank trucks or 
trailers equipped with a storage tank 
and used for the transport of gasoline 
from sources or supply to stationary 
storage tanks of gasoline dispensing 
facilities. 

"Submerged fill pipe" means any fill 
pipe with a discharge opening which is 
entirely submerged when the pipe 
normally used to withdraw liquid from 
the tank can no longer withdraw any 
liquid, or which is entirely submerged 
when the level of the liquid is^ s« 
inche s above the bottom of the tank. 
six inches above the bottom of the 
tank if the tank does not have a vapor 
recovery adaptor, or 
12 inches above the bottom of the 
tank if the tank has a vapor recovery 
adaptor. 
If the opening of the submerged fill 
pipe is cut at a slant, the distance is 
measured from the tog of the slanted 
cut to the bottom of the tank. 
"Owner" means any person who has 
legal or equitable title to the gasoline 
storage tank at a facility. 
"Operator" means any person who 
leases, operates, controls, or supervises 
a facility at which gasoline is di s persed 
dispensed . 

"Gasoline dispensing facility" means 
any site where gasoline is dispersed 
dispensed to motor vehicle gasoline 
tanks from stationary storage tanks. 
"Gasoline service station" means any 
gasoline dispensing facility where 
gasoline is sold to the motoring public 
from stationary storage tanks. 
"Throughput" means the amount of 
gasoline dispensed at a facility during a 
calendar month after November 15. 
1990. 



'Line" means pipe suitable for 



transferring fluids. 

"Dual point system" means the delivery 
of the product to the stationary storage 
tank and the recovery of vapors from 
the stationary storage tanks occur 



2053 



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NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



through two separate openings jn the 
storage tank and two separate hoses 
between the tank truck and the 
stationary storage tank. 

(1 1) "Coaxial system " means the delivery of 
the product and recovery of vapors 
occur through a single coaxial fill tube, 
which is a tube within a tube. Product 
is delivered through the inner tube, and 
vapor is recovered through the annular 
space between the walls of the inner 
tube and outer tube. 

(12) "Poppeted vapor recovery adaptor" 
means a vapor recovery adaptor that 
automatically and immediately closes 
itself when the vapor return line is 
disconnected and maintains a tight seal 
when the vapor return line is not 
connected. 

(b) Applicability. This Regulation Rule applies 
to all gasoline dispensing facilities and gasoline 
service stations and to delivery vessels delivering 
gasoline to a gasoline dispensing facility or 
gasoline service station . 

(c) Exemptions. This Regulation Rule does not 
apply to: 

(1) transfers made to storage tanks of 
gasoline dispensing facilities or gasoline 
service stations equipped with floating 
roofs or their equivalent which have 
been approved by the Director; 

(2) stationary tanks with a capacity of not 
more than 2,000 gallons which are in 
place before July 1, 1979, if the tanks 
are equipped with a submerged fill 
pipe; 

(3) stationary storage tanks with a capacity 
of not more than 550 gallons which are 
installed after June 30, 1979, if tanks 
are equipped with a (portable) 
submerged fill pipe; 

(4) stationary storage tanks with a capacity 
of not more than 1 100 gallons located 
on a farm and used to store gasoline for 
farm equipment if gasoline is delivered 
to the tank through a (portable) 
submerged fill pipe except that this 
exemption does not apply in ozone non- 
attainment areas; 

(5) {4j stationary storage tanks at gasoline 
dispensing facility or gasoline service 
stations where the combined annual 
throughput of gasoline at the facility or 
station does not exceed 50,000 gallons, 
if the tanks are equipped with 



submerged fill pipes; 
(6) any tanks used exclusively to test the 
fuel dispensing meters. 

(d) With exceptions stated in Paragraph (c) of 
this Regulation Rule , gasoline shall not be 
transferred from any delivery vessel into any 
stationary storage tank unless: 

(1) The tank is equipped with a submerged 
fill pipe, and the vapors displaced from 
the storage tank during filling are 
controlled by a vapor control system as 
described in Paragraph (e) of this 
Regulation Rule ; 

(2) The vapor control system is in good 
working order and is connected and 
operating with a vapor tight connection ; 

(3) The vapor control system is properly 
maintained and all torn or 
malfunctioning components or elements 
of design are repaired, replaced or 
modified; 

(4) Gauges, meters, or other specified 
testing devices are maintained in proper 
working order; ae^ 

(5) The delivery vessel and vapor 
collection system complies with Rule 
■0932 of this Section; and 

(6) f5) The following records, as a 
minimum, are kept in accordance with 
Regulation Rule .0903 of this Section: 

(A) the scheduled date for maintenance or 
the date that a malfunction was 
detected; 

(B) the date the maintenance was 
performed or the malfunction 
corrected; and 

(C) the component or element of design of 
the control system repaired, replaced, 
or modified. 

(e) The vapor control system required by 
Paragraph (d) of this Regulation Rule shall include 
one or more of the following: 

(1) a vapor-tight line from the storage tank 
to the delivery vessel andj^ a system 
which will ensure the vapor line i s 
connected — before — ga s oline — ean — be 
tran s ferred into the tnnlc; or 

(A) for a coaxial vapor recovery system, 
either a poppeted or unpoppeted vapor 
recovery adaptor; 

(B) for a dual point vapor recovery 
system, poppeted vapor recovery 
adaptor; or 

(2) a refrigeration-condensation system or 
equivalent designed to recover at least 



8:21 



NORTH CAROLINA REGISTER 



Febmary 1, 1994 



2054 



PROPOSED RULES 



90 percent by weight of the organic 
compounds in the displaced vapor^ i-ef 

(f) If an unpoppeted vapor recovery adaptor is 
used pursuant to Part (e)(1)(A) of this Rule, the 
tank liquid fill connection shall remain co\'ered 
either with a vapor-tight cap or a vapor return line 
except when the vapor return line is being 
connected or disconnected. 

igj If an unpoppeted vapor reco\'erv adaptor is 
used pursuant to Part (e)( 1)(A) of this Rule, the 
unpoppeted vapor recovery adaptor shall be 
replaced with a poppeted vapor recovery adaptor 
when the tank is replaced or is removed and 
upgraded. 

(h) Where vapor lines from the storage tanks are 
manifolded, poppeted vapor recovery adapters are 
to be used, and no more than one tank is to be 
loaded at a time. 

ii) Vent lines on tanks with Stage I controls 
shall have pressure release vah'es or restrictors. 

Ij) tf) The vapor-laden deliver}' vessel: 

(1) shall be designed and maintained to be 
vapor-tight during loading and 
unloading operations and during 
transport with the exception of normal 
pressure/vacuum venting as required by 
regulations of the Department of 
Transportation; and 

(2) if it is refilled in a nonattainment area 
for ozone in North Carolina, shall be 
refilled only at: 

(A) bulk gasoline plants complying with 
Regulation Rule .0926 of this Section, 
or 

(B) bulk gasoline terminals complying 
with Regulation Rule .0927 of this 
Section or Rule .0524 of this 
Subchapter . 



Statutory Authority 
143-215. 107(a)(5). 



G.S. 143-215. 3(a)(1); 



.0932 GASOLINE TRUCK TANKS AND 
VAPOR COLLECTION SYSTEMS 

(a) For the purposes of this Regulation Rule , the 
following definitions apply: 

(1) "Bottom filling" means the filling of a 
tank truck or stationary storage tank 
through an opening that is flush with 
the tank bottom. 

(2) "Bulk gasoline plant" means a gasoline 
storage and distribution facility which 
has an average daily throughput of less 
than 20.000 gallons of gasoline and 
which usually recei\'es gasoline from 



bulk terminals by trailer transport, 
stores it in tanks, and subsequently 
dispenses it via account trucks to local 
farms, businesses, and service stations. 

(3) "Bulk gasoline terminal" means a 
gasoline storage facility which usually 
receives gasoline from refineries 
primarily by pipeline, ship, or barge; 
and delivers gasoline to bulk gasoline 
plants or to commercial or retail 
accounts primarily by tank truck; and 
has an average daily throughput of 
more than 20. (XX) gallons of gasoline. 

(4) "Gasoline" means any petroleum 
distillate having a Reid vapor pressure 
of 4.0 pounds per square inch or 
greater. 

(5) "Gasoline dispensing facility" means 
any site where gasoline is dispersed to 
motor vehicle gasoline tanks from 
stationary storage tanks. 

(6) "Gasoline service station" means any 
gasoline dispensing facility where 
gasoline is sold to the motoring public 
from stationary storage tanks. 

(7) "Truck tank" means the storage vessels 
of trucks or trailers used to transport 
gasoline from sources of supply to 
stationary storage tanks of bulk gasoline 
terminals, bulk gasoline plants, gasoline 
dispensing facilities and gasoline 
service stations. 

(8) "Truck tank \apor collection 
equipment" means any piping, hoses, 
and devices on the truck tank used to 
collect and route gasoline vapors in the 
tank to or from the bulk gasoline 
terminal, bulk gasoline plant, gasoline 
dispensing facility or gasoline service 
station vapor control system or vapor 
balance system. 

(9) "Vapor balance system" means a 
combination of pipes or hoses which 
create a closed system between the 
vapor spaces of an unloading tank and 
a receiving tank such that vapors 
displaced from the receiving tank are 
transferred to the tank being unloaded. 

( 10) "Vapor collection system " means vapor 
balance system or any other system 
used to collect and control emissions of 
volatile organic compounds. 

(b) This Regulation Rule applies to gasoline 
truck tanks that are equipped for vapor collection 
and to vapor control systems at bulk gasoline 



2055 



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NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



terminals, bulk gasoline plants, gasoline dispensing 
facilities, and gasoline service stations that are 
equipped with vapor balance or vapor control 
systems. 

(c) Gasoline Truck Tanks: 

(1) Gasoline truck tanks and their vapor 
collection systems shall be tested 
annually. The test procedure that shall 
be used is described in Regulation 
Rules .0940 and .0941 of this Section, 
and is in accordance with Regulation 
Rule .0912 of this Section. The 
gasoline truck tank shall not be used if 
it sustains a pressure change greater 
than 3.0 inches of water in five minutes 
when pressurized to a gauge pressure of 
18 inches of water or when evacuated 
to a gauge pressure of 6.0 inches of 
water. 

(2) Each gasoline truck tank that has been 
certified leak tight, in accordance with 
Subparagraph (1) of this Paragraph, 
shall display a sticker near the 
Department of Transportation 
certification plate required by 49 CFR 
178.340-lOb This sticker shall show 
the identification number of the tank 
and the date that the tank last passed 
the pressure and vacuum test. 

(3) There shall be no avoidable visible 
liquid leaks from any gasoline truck 
tanlc. 

(4) Any truck tank with a leak equal to or 
greater than 100 percent of the lower 
explosive limit, as detected by a 
combustible gas detector using the test 
procedure described in R e gulation Rule 
.0940 of this Section, shall not be used 
beyond 15 days after the leak has been 
discovered, unless the leak has been 
repaired and the tank has been certified 
to be leak tight in accordance with 
Subparagraph (1) of this Paragraph. 

(d) Vapor Collection System: 

(1) The vapor collection system and vapor 
control system shall be designed and 
operated to prevent gauge pressure m 
the truck tank from exceeding 18 inches 
of water and to prevent vacuum from 
exceeding six inches of water. 

(2) During loading and unloading 
operations there shall be: 

(A) no vapor leakage from the vapor 
collection system such that a reading 
equal to or greater than 100 percent 



of the lower explosive limit at one 
inch around the perimeter of each 
potential leak source as detected by a 
combustible gas detector using the test 
procedure described in Regulation 
Rule .0940 of this Section; and 
(B) no avoidable visible liquid leaks. 

(3) If a leak is discovered that exceeds the 
limit in Part (2)(A) of this Paragraph, 
the vapor collection system or vapor 
control system (and therefore the 
source) shall not be used beyond 15 
days after the leak has been discovered, 
unless the leak has been repaired and 
the system has been retested and found 
to comply with Part (2)(A) of this 
Paragraph . 

(4) The owner or operator of a vapor 
collection system located at a bulk 
gasoline plant or a bulk gasoline 
terminal shall monitor, in accordance 
with Regulation Rule .0912 of this 
Section, the vapor collection system at 
least once per year. If after two 
complete annual checks few leaks are 
found, the frequency of monitoring may 
be decreased with the approval of the 
Director If an excessive number of 
leaks are found, the Director may 
require that the frequency of monitoring 
be increased. 

(e) The owner or operator of a source subject to 
this Regulation Rule shall maintain records of all 
certification testing and repairs. The records shall 
identify the gasoline truck tank, vapor collection 
system, or vapor control system; the date of the 
test or repair: and, if applicable, the type of repair 
and the date of retest. The records of certification 
tests shall include: 

(1) the gasoline truck tank identification 
number; 

(2) the initial test pressure and the time of 
the reading; 

(3) the final test pressure and the time of 
the reading; 

(4) the initial test vacuum and the time of 
reading; 

(5) the final test vacuum and the time of 
the reading, and 

(6) the date and location of the tests. 

The records shall be maintained for at least two 
years after the date of the testing or repair, and 
copies of such records shall be made available 
within a reasonable time to the Director upon 
written request. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2056 



PROPOSED RULES 



Statutory Authority G.S. 143-215. 3(a)(l ): 
143-215. 107(a)(5). 

.0933 PETROLEUM LIQUID STORAGE IN 
EXTERNAL FLOATING ROOF 
TANfKS 

(a) For the purpose of this Regulation Rule , the 
following definitions apply: 

(1) "Condensate" means hydrocarbon liquid 
separated from natural gas which con- 
denses due to changes in the tempera- 
ture and/or or pressure and remains 
liquid at standard conditions. 

(2) "Crude oil" means a naturally occurring 
mixture consisting of hydrocarbons 
and/or or sulfur, nitrogen and/or or 
oxygen derivatives of hydrocarbons and 
which is a liquid in the reservoir at 
standard conditions. 

(3) "Custody transfer" means the transfer 
of produced crude oil and/or or conden- 
sate, after processing and/or or treating 
in the producing operations, from stor- 
age tanks or automatic transfer facilities 
to pipelines or any other forms of 
transportation. 

(4) "External floating roof" means a stor- 
age vessel cover in an open top tank 
consisting of a double deck or pontoon 
single deck which rests upon and is 
supported by the petroleum liquid being 
contained and is equipped with a clo- 
sure seal or seals to close the space 
between the roof edge and tank shell. 

(5) "Internal floating roof" means a cover 
or roof in a fixed roof tank which rests 
upon or is floated upon the petroleum 
liquid being contained, and is equipped 
with a closure seal or seals to close the 
space between the roof edge and tank 
shell. 

(6) "Liquid-mounted seal" means a primary 
sea! mounted so the bottom of the seal 
covers the liquid surface between the 
tank shell and the floating roof. 

(7) "Vapor-mounted seal" means a primary 
seal mounted so there is an annular 
vapor space underneath the seal. The 
annular vapor space is bounded by the 
bottom of the primary seal, the tank 
shell, the liquid surface, and the float- 
ing roof. 

(8) "Petroleum liquids" means crude oil, 
condensate, and any finished or inter- 
mediate products manufactured or 



extracted in a petroleum refinery. 

(b) This Regulation Rule applies to all external 
floating roof tanks with capacities greater than 950 
barrels containing petroleum liquids whose true 
vapor pressure exceed 1 .52 pounds per square inch 
absolute. 

(c) This Regulation Rule does not apply to 
petroleum liquid storage vessels; 

(1) that have external floating roofs that 
have capacities less than 10,000 barrels 
and that are used to store produced 
crude oil and condensate prior to custo- 
dy transfer; 

(2) that have external floating roofs and 
that store waxy, heavy pour crudes; 

(3) that have external floating roofs, and 
that contain a petroleum liquid with a 
true vapor pressure less than 4.0 
pounds per square inch absolute and; 

(A) The tanks are of welded construction; 
and 

(B) The primary seal is a metallic-type 
shoe seal, a liquid-mounted foam seal, 
a liquid-mounted filled type seal, or 
any other closure device of demon- 
strated equivalence; or 



f4^ 



that — hax'c external — floating — roofs and 



that are — of welded con s truction, are 
equipped — wrtli — a — metallic type — shee 
primary seal, and have a secondary seal 
from the top of the shoe s eal to the tank 
wall (shoe mount e d se condary seal); or 
(4) {&j that have fixed roofs with or with- 
out internal floating roofs, 
(d) With the exceptions stated in Paragraph (c) 
of this Regulation Rule , an external floating roof 
tank subject to this Regulation Rule shall not be 
used unless: 

(1) The tank has been retrofitted with: 

(A) a continuous secondary seal extending 
from the floating roof to the tank wall 
(a rim-mounted secondary), or 

(B) a closure or other control device 
demonstrated to have an efficiency 
equal to or greater than that required 
under Part (A) of this Subparagraph-;^ 

This Subparagraph shall not apply to 
tanks that are of welded construction 
with external floating roofs, are 
equipped with a metallic-type shoe 
primary seal, and have a secondary seal 
from the top of the shoe seal to the tank 
wall (shoe-mounted secondary seal); 

(2) The seal closure devices met the 
following requirements: 



2057 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



(A) There shall be no visible holes, tears, 
or other openings in the seal or seal 
fabric; 

(B) The seal shall be intact and uniformly 
in place around the circumference of 
the floating roof between the floating 
roof and the tank wall; and 

(C) For vapor mounted primary seals, the 
gap-area of gaps exceeding 0.125 inch 
in width between the secondary seal 
and the tank wall shall not exceed 1 .0 
square inch per foot of tank diameter; 

(3) All openings in the external floating 
roof, except for automatic bleeder 
vents, rim space vents, and leg sleeves, 
are: 

(A) provided with a projection below the 
liquid surface; and 

(B) equipped with covers, seals, or lids 
that remain in a closed position at all 
times except when in actual use; 

(4) Automatic bleeder vents are closed at 
all times except when the roof is floated 
off or landed on the roof leg supports; 

(5) Rim vents are set to open only when 
the roof is being floated off" the roof leg 
supports or at the manufacturer's 
recommended setting; 

(6) Any emergency roof drains are 
provided with slotted membrane fabric 
covers or equivalent covers that cover 
at least 90 percent of the area at the 
opening; 

(7) Routine visual inspections are 
conducted once per month; 

(8) For tanks equipped with a 
vapor-mounted primary seal, the 
secondary seal gap measurements are 
made annually in accordance with 
Paragraph (e) of this Regulation Rule ; 
and 

(9) Records are maintained in accordance 
with Regulation Rule .0903 of this 
Section and include: 

(A) reports of the results of inspections 
conducted under Subparagraph (7) 
and (8) of this Paragraph; 

(B) a record of the average monthly 
storage temperature and the true 
vapor pressures or Reid vapor 
pressures of the petroleum liquids 
stored; and 

(C) records of the throughput quantities 
and types of volatile petroleum liquids 
for each storage vessel. 



(e) The secondary seal gap area is determined 
by measuring the length and width of the gaps 
around the entire circumference of the secondary 
seal. Only gaps equal to or greater than 0.125 
inch are used in computing the gap area. The area 
of the gaps are accumulated to determine 
compliance with Part (d) (2) (C) of this Regulation 
Rule . 

(f) Notwithstanding the definition of volatile 
organic compound found in Regulation Rule 
.0901(28) of this Section, the owner or operator of 
a petroleum liquid storage vessel with an external 
floating roof not equipped with a secondary seal or 
approved alternative, that contains a petroleum 
liquid with a true vapor pressure greater than 1 .0 
pounds per square inch shall maintain records of 
the average monthly storage temperature, the type 
of liquid, throughput quantities, and the maximum 
true vapor pressure for all petroleum liquids with 
a true vapor pressure greater than 1 .0 pounds per 
square inch. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5). 

.0952 PETITION FOR ALTERNATIVE 
CONTROLS 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph fb) M of Rule .0902 of this Section: 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to 
which Rules .0917 through .0938 of 
this Section apply and which are located 
at a facility where the total potential 
emissions of volatile organic 
compounds from all stationary sources 
at the facility is 100 tons per year or 
more; ©f 

sources covered under Rule .0946 of 
this Sectionvi or 
sources covered under Rules .0953 or 



(2) 
£3} 



.0954 of this Section. 



(c) If the owner or operator of any source of 
volatile organic compounds subject to the 
requirements of this Section on July l^ 1994, can 
demonstrate that compliance with rules in this 
Section would be technologically or economically 
infeasible, he may petition the Director to allow 
the use of alternative operational or equipment 
controls for the reduction of volatile organic 
compound emissions. Petition shall be made for 
each source to the Director before January 1 , 
1995. The petition can be made only for sources 
in existence or under construction on June 30, 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2058 



PROPOSED RULES 



1994. 

(d) If the owner or operator of any source of 
volatile organic compounds subject to the 
requirements of this Section because of the 
application of Paragraph (d) of Rule .0902 of this 
Section can demonstrate that compliance with rules 
in this Section would be technologically or 
economically infeasible, he may petition the 
Director to allow the use of alternative operational 
or equipment controls for the reduction of volatile 
organic compound emissions. Petition shall be 
made for each source to the Director within six 
months after the Director notices in the North 
Carolina Register that the area is in violation of 
the ambient air quality standard for ozone. The 
petition can be made only for sources in existence 
or under construction on the date that the Director 
notices in the North Carolina Register that the area 
is in violation of the ambient air quality standard 
for ozone. 

(e) ^4} The petition shall contain: 

(1) the name and address of the company 
and the name and telephone number of 
a company officer over whose signature 
the petition is submitted; 

(2) a description of all operations 
conducted at the location to which the 
petition applies and the purpose that the 
volatile organic compound emitting 
equipment serves within the operations; 

(3) reference to the specific operational and 
equipment controls under the rules of 
this Section for which alternative 
operational or equipment controls are 
proposed; 

(4) a detailed description of the proposed 
alternative operational or equipment 
controls, the magnitude of volatile 
organic compound emission reduction 
which will be achieved, and the 
quantity and composition of volatile 
organic compounds which will be 
emitted if the alternative operational or 
equipment controls are instituted; 

(5) a plan, which will be instituted m 
addition to the proposed alternative 
operational or equipment controls, to 
reduce, where technologically and 
economically feasible, volatile organic 
compound emissions from other source 
operations at the facility, further than 
that required under the rules of this 
Section, if these sources exist at the 
facility, such that aggregate volatile 
organic compound emissions from the 



facility will in no case be greater 
through application of the alternative 
control than would be allowed through 
conformance with the rules of this 
Section: 

(6) a schedule for the installation or institu- 
tion of the alternative operational or 
equipment controls in conformance with 
Rule .0907 or .0909 of this Section, as 
applicable; and 

(7) certification that emissions of all other 
air contaminants from the subject 
source are in compliance with all appli- 
cable local, state and federal laws and 
regulations. 

The petition may include a copy of the permit 
application and need not duplicate information in 
the permit application. 

(f) ^ The Director and the U.S. Environmental 
Protection Agency (EPA) shall approve a petition 
for alternative control if: 

(1) The petition is submitted in accordance 
with Paragraph (d) (e) of this Rule; 

(2) The Director determines that the peti- 
tioner cannot comply with the rules in 
question because of technological or 
economical infeasibility; 

(3) All other air contaminant emissions 
from the facility are in compliance 
with, or under a schedule for compli- 
ance as expeditiously as practicable 
with, all applicable local, state, and 
federal regulations; 

(4) The petition contains a schedule for 
achieving and maintaining reduction of 
volatile organic compound emissions to 
the maximum extent feasible and as 
expeditiously as practicable; and 

(5) A nuisance condition will not result 
from operation of the source as pro- 
posed in the petition. 

(g) (f) When controls different from those 
specified in the appropriate emission standards in 
this Section are approved by the Director and the 
EPA, the permit shall contain a condition stating 
such controls. 

Statutory Authority G.S. 143-215. 3(a)(1); 1143- 
215.68: 43-215. 107(a)(5). 

.0953 VAPOR RETURN PIPING FOR 
STAGE II VAPOR RECOVERY 

(a) Applicability. This Rule applies to any 
facility located in Davidson, Durham, Forsyth, 
Gaston, Guilford, Mecklenburg, or Wake counties 



2059 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



or the Dutchville Township in Granville county or 
that portion of Davie county that is bounded by the 
Yadkin River. Dutchman's Creek. NC Highway 
801. Fulton Creek and back to the Yadkin River: 

(1) that is built after June 1. 1994. or 

(2) whose tanks are replaced or removed 
for upgrades or repairs after June 30. 
1994. 

When a new tank is added, the new tank shall 
comply with this Rule. 

(h) Exemptions. The burden of proof of eligi- 
bility for exemption from this Rule is on the owner 
or operator of the facility. Persons seeking an 
exemption from this Rule shall maintain adequate 
records of throughput and shall furnish these 
records to the Director upon request. These 
records shall be maintained on file for three years. 
The following facilities are exempt from this Rule: 

(1) any facility which dispenses 10.000 
gallons of gasoline or less per calendar 
month; 

(2) any facility which dispenses 50.000 
gallons of gasoline or less per calendar 
month and is an independent small 
business marketer of gasoline; 

(3) any facility which dispenses gasoline 
exclusively for refueling marine vehi- 
cles, aircraft, farm equipment, and 
emergency vehicles; or 

(4) any tanks used exclusively to test the 
fuel dispensing meters. 

Any facility that ever exceeds the exemptions 
given in Subparagraphs (1). (2). (3). or {4j of this 
Paragraph shall be subject to all of the provisions 
of this Rule in accordance with the schedule given 
in Paragraph (e) of this Rule, and shall remain 
subject to these provisions even if the facilities' 
later operation meets the exemption requirements, 
(c) Definitions. For the purpose of this Rule. 
the following definitions apply: 

(1) "Affected Facility" means any gasoline 
service station or gasoline dispensing 
facility subject to the requirements of 
this Rule. 

the 



iZl 

i3i 



"CARB" means the California Air 

Resources Board. 

"Certified Stage 11 Vapor Recovery 



14} 
15] 



System" means any system certified by 
the California Air Resources Board as 
having a vapor recovery or removal 
efficiency of at least 95 percent by 
weight. 

"Facility" means any gasoline service 
station or gasoline dispensing facility. 
"ISBM" means independent small busi- 



ness marketer. 

(6) "Independent Small Business Marketer 
of Gasoline" means a facility that quali- 
fies under Section 324 of the Federal 
Clean Air Act. 

(7) "Operator" means any person who 
leases, operates, controls, or supervises 
a facility at which gasoline is 
dispensed. 

(8) "Owner" means any person who has 
legal or equiteble title to the gasoline 
storage tank at a facility. 

(9) "Stage II Vapor Recovery" means the 
control of gasoline vapor at the vehicle 
fill-pipe, where the vapors are captured 
and returned to a vapor-tight 
underground storage tank or are 
captured and destroyed. 

(10) "Throughput" means the amount of 
gasoline dispensed at a facility during a 
calendar month. 

(d) Requirements. Aff"ected facilities shall 
install the necessary piping for future installation 
of CARB certified Stage II vapor recovery system . 
The vapor piping shall extend from the tanks to 
the pumps. The vapor piping shall be installed in 
accordance with the following requirements: 
(1) Gasoline vapors shall be: 

transferred from each gasoline 



lAl 



IB] 



dispenser to the underground storage 
tank individually, or 
manifolded through a common header 
from which a single return line is 
connected through anothe r manifold to 
all of the underground tanks. 
Each vapor return pipe shall allow the 
transfer of gasoline vapors to the tank 
from which the liquid gasoline is being 
drawn; 
£2} The minimum inside diameter of the 
vapor return piping shall conform to the 
following: 
Two inches for one, two, or three 
nozzles; 



lA} 
IB) 
IC) 
ID) 
IE) 



or 



11. 



13} 



Two and one half inches for four or 

five nozzles; 

Three inches for six, seven, eight. 

nine nozzles; 

Three and one half inches for \0_^ 

or \2 nozzles; or 

Four inche s for more than 12 nozzles; 
All piping and fittings shall be installed 
in accordance with manufacturer's 
instructions and specifications. Metal 
pipe shall be minimum schedule 40 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2060 



PROPOSED RULES 



i4j 



(5) 



welded or seamless steel per ASTM A- 
53. "Specification for Pipe, Steel, Black 
and Hot-Dipped, Zinc-Coated Welded 
and Seamless Pipe". Fittings shall be 
150 pounds cold water screwed 
malleable iron. Pipe and fittings shall 
be galvanized and pipe threads shall be 
zinc-coated. Nonmetallic pipes and 
fittings shall be U/L listed under 
nonmetallic primary pipes and fittings 
for underground flammable liquids (gas 
and oil equipment directory); 
Each \'apor return pipe shall slope 
towards the storage tank with a 
minimum grade of 1/4 inches per foot. 
Special care shall be taken to ensure 
that no low points or sags exist along 
the return piping; 

All vapor return and vent piping shall 
be provided with flexible joints or 
swing joints at each tank connection 
and at the base of the vent pipe riser 
where it fastens to a building or other 
structure; 



(6) All vapor return pipe-trenching shall be 
compacted to 90 percent of the standard 
proctor according to ASTM D-698 
"Laboratory Compaction Charactenstics 
of Soil Using Standard Effort" of the 
area soil before the pipes are installed 
and back-filled with sand at least six 
inches below and above the piping; 

(7) The pipes shall not be driven over or in 
any other way crushed prior to paving 
or surfacing; 

(8) The vapor return piping or manifolded 
piping shall enter a separate opening to 
the tank from that connected to the vent 
pipe or the Stage 1 piping; 

(9) All vapor return piping shall be tagged 
at the termmation pomt recording the 
function of the piping. In addition, a 
record of the installation of the Stage 11 
vapor return piping shall be kept in the 
facility; 

(10) Vent piping shall be constructed of 
materials [n accordance with 
Subparagraph (3) of this Paragraph; 

(11) All vent pipes shall be a minimum of 
two inches inside diameter; and 

( 12) All vent pipes shall slope towards the 
underground storage tank with a grade 
of at least 1/4 inch per linear foot. 

(e) Compliance Schedule. Compliance under 
Paragraph (d) of this Rule by the afi^ected facility 



shall coincide with the completion of the tank 

installation or repair. Facilities that lose their 

exemption under Paragraph £b] of this Rule shall 

comply with Rule within 18 months after the day 

the owner or operator of the facility has been 

notified by the Director that his exemption under 

Paragraph (b) of this Rule has been revoked. 

(f) Testing Requirements: 

(1) Within 30 days after installation of the 

vapor return piping, the owner or 

operator of the facility shall submit 

reports of the following tests to be 

completed as described in EPA-450/3- 

91 -022b: 

(A) Bay Area Source Test Procedure ST- 

San 



Bay 

30, 



Leak Test 



Procedure, or 

TP-91-1. 



(Bi 



01 



ill 



Diego Test Procedure 
Pressure Decay/Leak Test Procedure, 
and 

Bay Area Source Test Procedure ST- 

27. Dynamic Back Pressure, or San 

Diego Test Procedure TP-91-2. 

Pressure Drop vs Flow/Liquid 

Blockage Test Procedure. 

Testing shall be in accordance with 

Rule .0912 of this Section. 

The owner or operator of the facility 

shall notify the Regional Office 

Supervisor by telephone at least five 

business days before back-filling the 

trenches and at least 10 business days 

before the tests given in Subparagraph 

(1) of this Paragraph are to be 

performed to allow inspection by the 

Division. The owner or operator may 

commence back-filling five days after 

notification has been given to the 

Division. 

The owner or operator of the facility 
and the test contractor shall re port all 
test failures to the Regional Office 
Supervisor within 24 hours of the 
failure. 

The Director may require the owner or 
operator of the facility to perform any 
of the tests in Subparagraph ( 1) of this 
Paragraph if there are any modifications 
or repairs. 

Where the Division conducts a test on 
the \'apor control system, it shall be 
without compensating the owner or 
operator of the facility for any lost 
revenues incurred due to the testing 
procedure, 
(g) Referenced documents: 



14) 



i5i 



(6) 



2061 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



£jQ EPA-450/3-91-022b. "Technical 
Guidance ; Stage II Vapor Recovery 
Systems for Control of Vehicle 
Refueling Emissions at Gasoline 
Dispensing Facilities, Volume II: 
Appendices". November 1991. cited in 
this Rule is hereby incorporated by 
reference and does not include 
subsequent amendments or editions. A 
copy of this document js available for 
inspection at the Regional Offices of the 
North Carolina Department of 
Environment, Health, and Natural 
Resources (Addresses are given in Rule 
.0103 of this Subchapter). Copies of 
this document may be obtained through 
the Library Services Office (MD-35). 
U. S^ Environmental Protection 
Agency, Research Triangle Park or 
National Technical Information Services 
(NTIS). 5285 Port Royal Road, 
Springfield y\ 22161. The NTIS 
number for this document js PB- 
92132851. and the cost is fifty-two 
dollars ($52.00). 

(2) The American Society for Testing and 
Materials (ASTM) specification and test 
methods cited in this Rule are hereby 
incorporated by reference including any 
subsequent amendments and editions. 
A copy of the ASTM specification and 
test method can be obtained from the 
Air Quality Section. Division of 
Environmental Management. P.O. Box 
29525, Raleigh, North Carolina 27626, 
at no cost. 



Statutory Authority G. S. 
215.107(a); 150B-21. 6. 



143-215. 3(a)(1); 143- 



.0954 STAGE II VAPOR RECOVERY 

(a) Applicability. This Rule applies to 



the 



control of gasoline vapors at the vehicle fill-pipe 
during refueling operations at a facility. The 
vapors are captured and returned to a vapor-tight 
underground storage tank or are captured and 
destroyed. These systems must be installed at all 
facilities that dispense gasoline to motor vehicles 
unless e xempted u nder Paragraph (b) of this Rule. 
(b) Exemptions. The following gasoline 

dispensing facilities are exempt from this Rule: 

( 1 ) any facility which dispenses 10,000 
gallons or less of gasoline during 
calendar month; 

(2) any facility which dispenses 50,(K)0 



gallons or less during calendar month 
and is an independent small business 
marketer of gasoline: er 

(3) any facility which dispenses gasoline 
exclusively for refueling marine 
vehicles, aircraft, farm equipment, and 
emergency vehicles; or 

(4) any tanks used exclusively to test the 
fuel dispensing meters. 

Any facility that ever exceeds the exemptions 
given in Subparagraphs (1), (2). £3} or (4} in this 
Paragraph shall be subject to aM of the provisions 
of this Rule In accordance with the schedule given 
in Subparagraph (f) of this Rule, and shall remain 
subject to these provisions even if the facilities' 
later operation meets the exemption requirements. 

(c) Proof of Eligibility. The burden of proof of 
eligibility for exemption from this Rule ]s on the 
owner or operator of the facility. Persons seeking 
an exemption from this Rule shall maintain the 
following: 

(1) chronologically arranged bills of lading 
for receipt of gasoline shipments from 
the last three years, and 

(2) daily inventory of each gasoline type 
for each day of operation; this shall be 
maintained for the last three years. 

These records shall be furnished to the Director 
upon request. 

(d) Definitions. For the purpose of this Rule. 
the following definitions apply: 

(1) "CARB" means the California Air 
Resources Board . 



£2} "Certified STAGE II Vapor Recovery 
System" means any system certified by 
the California Air Resources Board as 
having a vapor recovery or removal 
efficiency of at least 95 percent by 
weight. 

(3) "Defective Equipment" means any 
absence, disconnection, or malfunction 
of a Stage II vapor recovery system 
component which is required by this 
Rule including the following: 

(A) a vapor return line that is crimped, 
flattened or blocked or that has any 
hole or slit that allows vapors to leak 
out: 

(B) a nozzle bellows that has any hole 
large enough to allow a \M inch 
diameter cylindrical rod to pass 



(CJ 



through it or any slit one inch or 
more in length; 

a nozzle face-plate or cone that is torn 
or missing over 25 percent of ]ts 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2062 



PROPOSED RULES 



t4j 

ill 
16] 

m 

18} 
19] 



surface: 

(D) a nozzle with no automatic overfill 
control mechanism or an inoperable 
overfill control mechanism; 

(E) an inoperable or malfunctioning vapor 
processing unit, vacuum generatmg 
de\'ice, pressure or vacuum relief 
valve, vapor check vah'e or any other 
equipment normally used to dispense 
gasoline, or that is required by this 
Rule; or 

(F) a failure to meet the requirements of 
Paragraph (g) of this Rule. 

"Facility" means any gasoline service 
station, gasoline dispensing facility, or 
gasoline cargo tanker. 
"ISBM" means independent small 
business marketer. 



"Independent Small Business Marketer 

of Gasoline" means a facility that 

qualifies under Section 324 of the 

Federal Clean Air Act. 

"Operator" means any person who 

leases, operates, controls, or supervises 

a facility at which gasoline is 

dispensed. 

"Owner" means any person who has 

legal or equitable title to the gasoline 

storage tank at a facility. 

"Pressure Balanced Stage II System" 

means one which is not \'acuum- 

assisted. That is. the volume of vapor 

in the automobile's fuel tank displaced 

by the incoming liquid gasoline equals 

the space in the underground tank 

created by the gasoline leaving. 

(10) "Remote Vapor Check Valve" means a 
check valve in the vapor return line but 
not located in the nozzle. 

(11) "Stage II Vapor RecoN'ery " means to 
the control of gasoline vapor at the 
vehicle fill-pipe, where the vapors are 
captured and returned to a vapor-tight 
storage tank or are captured and 
destroyed . 

( 12) "TTiroughput" means the amount of 
gasoline dispensed at a facility during a 
calendar month after June 30. 1994. 

(e) Stage II Requirements. No person shall 
transfer or permit the transfer of gasoline into the 
fuel tank of any motor vehicle at any applicable 
facility unless. 

(1 ) the transfer is made using a Certified 
Stage II vapor recovery system that 
meets the requirements of the 



ill 



(3) 



HI 



inspections: 

all installed Stage II vapor recovery 
systems use coaxial vapor recovery' 
hoses; no dual-hose designs shall be 
used; 

all installed Stage II vapor recovery 
systems used are certified by CARB 
except that the Stage I sy'stem need not 
be CARB certified. In addition, no 
Stage II system shall employ a remote 
vapor check valve. Pressure balanced 
Stage n systems may be used; and 
the underground \'apor return piping 
satisfies the requirements of Rule .0951 
of this Subchapter. 
In the e\'ent that CARB revokes certification of an 
installed system, the owner or operator of the 
facility' shall ha\'e six months to modify' his 
equipment to conform with re-certification 
requirements unless modifications involve only the 
replacement of dispenser check valves, hoses, or 
nozzles or appurtenances to these components in 
u'hich case the allowed time period is three 
months. This time period is defined as the period 
from the day that the oyvner or operator of the 
facility' has been officially notified by the Director, 
(f) Compliance Schedule. Affected gasoline 
sen.'ice station or gasoline dispensing facilities 
shall comply v.'ith this Rule as follows: 

(I) if the gasoline service stations or 
gasoline dispensing facilities are subject 
to the requirements of this Rule in 
accordance v.ith Paragraph (c) of Rule 
■0902 of this Section, compliance shall 
be achieved no later than: 
(A) July J^ 1995. for facilities having any 
single monthly throughput of at least 
100.0(30 gallons per month: 
July U 1996. for facilities having any 
single monthly throughput of greater 
than 10.000 gallons but less than 
100.000 gallons; 

for afl'ected facilities owned by a 
smgle ISBM: 
ii) July K 1995. for 33 percent of 

aff'ected facilities: 
(ii) July K 1996. for 66 percent of 

the affected facilities; 
(ill) July 1. 1997. for the remainder of 
the affected facilities; 
(D) 18 months after the day the owner or 
operator of the facility has been 
notified by the Director that his 
exemption under Paragraph (b) of this 
Rule has been re\oked: or 



(B) July 



iC] 



2063 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



(E) before beginning operation for islands 
constructed after June 30, 1994. 
(2) if the gasoline service station or 
gasoline dispensing facility is subject to 
the requirements of this Rule in 
accordance with Paragraph (d) of Rule 
.0902 of this Section, compliance shall 
be achieved no later than: 

(A) one year from the date that the 
Director notices in the North Carolina 
Register that an area is in violation of 
the ambient air quality standard for 
ozone, for facilities having any single 
monthly throughput of at least 
100.000 gallons per month; 

(B) two years from the date that the 
Director notices in the North Carolina 
Register that an area is in violation of 
the ambient air quality standard for 
ozone, for facilities having any single 
monthly throughput of greater than 
10.000 gallons but less than 100.000 
gallons: 

(C) for affected facilities owned by a 
single ISBM: 

£i} one year from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for 33 
percent of affected facilities; 

(ii) two years from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for 66 
percent of the afFected facilities; 

(iii) three years from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for the 
remainder of the affected 
facilities; 

(D) 18 months after the day the owner or 
operator of the facility has been 
notified by the Director that his 
exemption under Paragraph (b) of this 
Rule has been revoked; or 

(E) before beginning operation for islands 
constructed after the Director notices 
in the North Carolina Register that an 
area is in violation of the ambient air 
quality standard for ozone. 

(g) Testing Requirements: 



(1) Within 30 days after the commencement 
of operation of the Stage II system and 
every five years thereafter, the owner 
or operator of the facility shall submit 
reports of the following tests as 
described in EPA-45Q/3-91-022b: 

(A) Bay Area Source Test Procedure ST- 
30. Leak Test Procedure, or San 
Diego Test Procedure TP-91-1. 
Pressure Decay/ Leak Test Procedure 
every five years; 

(B) Bay Area Source Test Procedure ST- 
27. Dynamic Back Pressure, or San 
Diego Test Procedure TP-91-2. 
Pressure Drop ys Flow/Liquid 
Blockage Test Procedure every five 
years; and 

(O Bay Area Source Test Procedure ST- 
37. Liquid Removal Devices every 
five years. 
If the tests have been performed within 
the last two years a copy of the test the 
owner or operator shall submitted those 
tests. Testing shall be in accordance 
with Rule .0912 of this Section. 



(21 



£A} 



im 



13} 



£41 



The owner or operator shall perform 
daily testing and inspections as follows: 
daily tests to ensure proper 
functioning of nozzle automatic 
overfill control mechanisms and flow 
prohibiting mechanisms, and 
daily visual inspection of the nozzle 
bellows and face-plate. 
The owner or operator of the facility 
and the test contractor shall report all 
test failures to the Regional Office 
Supervisor within 24 hours of the 
failure. 

The Director may require the owner or 
operator of the facility to perform any 
of the tests in Subparagraph (1) of this 
Paragraph if there are any modifications 
or repairs. 



£5} 



Where the Air 
conducts tests or 



Quality Division 
upon requirement 



from the Director to test the vapor 
control system it shall be without 
compensating the owner or operator of 
the facility for any lost revenues 
incurred due to the testing procedure, 
(h) Operating Instructions and Posting: 
(1) The owner or operator of the facility 
shall post operating instructions for the 



vapor recovery system on the tog one- 
third of the front of each gasoline 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2064 



PROPOSED RULES 



dispenser to include the foilowins:: 

(A) a clear description of how to correctly 
dispense gasoline with the vapor 
recovery nozzles, 

(B) a warning that repeated attempts to 
continue dispensing gasoline, after the 
system has indicated that the vehicle 
fuel tank is full (by automatically 
shutting off), may result in spillage or 
recirculation of gasoline, 

(C) a telephone number to repon 
problems experienced with the vapor 
recovers' system to the owner or 
operator of the facility, and 

(D) a telephone number to report 
problems experienced uith the vapor 
recovery system to the Director. 

(2) The owner or operator shall provide 

written instructions on site as detailed 

in EPA-450/3-91-022b to insure that 

employees of the facility ha\e an 

accurate understanding of the operation 

of the system and, in particular, when 

the system is malfunctioning and 

requires repair. 

iij Other General Requirements. The owner or 

operator of the facility shall conspicuously post 

"Out of Order" signs on any nozzle associated 

with any aboveground part of the vapor recovery 

system which is defective until the system has been 

properK' repaired. 

ij] Record-keeping and Reporting. Owners or 
operators of the facility shall maintain records m 
accordance with Rule .0903 of this Section on 
compliance and testing. 

ik] Referenced document. EB\-450/3-91-022b. 
"Technical Guidance ; Stage H Vapor Reco\'ery 
Systems for Control of Vehicle Refueling 
Emissions at Gasoline Dispensing Facilities. 
Volume II: Appendices". November 1991. cited in 
t his Rule js hereby incorporated by reference and 
does not include subsequent amendments or 
editions. A copy of this document ]s available for 
inspection at the Regional Offices of the North 
Carolma Department of Emironment. Health, and 
Natural Resources (addresses are given in Rule 
.0103 of this Subchapter). Copies of this 
document may be obtained through the Library' 
Services Office (.\lD-35). U. S^ Environmental 
Protection Agency. Research Triangle Park or 
National Technical Information Services. 5285 
Port Ro\al Road. Springfield VA 22161. The 
NTIS number for this document is PB-92 132851 
and tlie cost is fifty-two dollars ($52.00). This 
price is "1991 " price. 



Statutory- Authority G.S. 143-215. 3(a)(l j: 143- 
215.107(a): 150B-21. 6. 

.0955 COMPLIANCE SCHEDULES FOR 
SOLUCES EV NEW 
NONATTAEVIVIENT AREAS 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph (d) of Rule .0902 of tliis Section. 

(b) This Rule does not apply to: 

(1) sources in .Mecklenburg County to 
which Rules .0917 through .0938 apply 
and u'hich are located at a facility 
where the total potential emissions of 
volatile organic compounds from all 
stationan,' sources at tlie facility is 100 
tons per year or more, or 

(2) sources covered under Rule .0946 or 
.0953 of this Section. 

(c) The owner or operator of any source subject 
to this Rule because of tlie application of Para- 
graph iaj of Rule .0902 of tliis Section shall 
adhere to tlie following increments of progress 
and schedules: 

( 1 ) if compliance is to be achieved by 
installing emission control equipment, 
replacing process equipment, or modi- 
fying existing process equipment: 

(A) A permit application and a compliance 
schedule shall be submitted within six 
months after the Director notices in 
the North Carolina Register that an 
area is in violation of the ambient air 
quality standard for ozone: 

(B) The compliance schedule shall contain 
the following increments of progress: 

£i) a date by which contracts for the 
emission control system and 
process equipment shall be award- 
ed or orders shall be issued for 
purchase of component parts: 

(ii) a date by which on-site construc- 
tion or installation of the emission 
control and process equipment 
shall begin: and 

(iii) a date by v,'hich on-site construc- 
tion or installation of the emission 
control and process equipment 
shall be completed. 

(C) Final compliance shall be achieved 
within three years after the Director 
notices in tlie North Carolina Register 
that the area is in \'iolation of the 
ambient air quality standard for 
ozone. 



2065 



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NORTH CAROLINA REGISTER 



Februaty 1, 1994 



PROPOSED RULES 



(2) if compliance is to be achieved by using 
low solvent content coating technology^ 

(A) A permit application and a compliance 
schedule shall be submitted within six 
months after the Director notices in 
the North Carolina Register that an 
area is in violation of the ambient air 
quality standard for ozone; 

(B) The compliance schedule shall contain 
the following increments: 

(i) a date by which research and 
development of low solvent 
content coating shall be completed 
if the Director determines that low 
solvent content coating technology 
has not been sufficiently 
researched and developed; 

(ii) a date by which evaluation of 
product quality and commercial 
acceptance shall be completed; 

(iii) a date by which purchase orders 
shall be issued for low solvent 
content coatings and process 
modifications; 



(iv) a date by which process 

modifications shall be initiated; 

and 

(v) a date by which process 

modifications shall be completed 

and use of low solvent content 

coatings shall begin. 

(C) Final compliance shall be achieved 

within three years after the Director 

notices in the North Carolina Register 

that the area is in 

ambient air 



_ _ violation of the 
quality standard for 



ozone. 



(d) The owner or operator shall certify to the 
Director within five days after the deadhne, for 
each increment of progress in Paragraph (c) of this 
Rule, whether the required increment of progress 
has been met. 

(e) If the Director requires a test to demonstrate 
that compliance has been achieved the owner or 
operator of sources subject to this Rule shall 
conduct a test and submit a final test report within 
six months after the stated date of final 
compliance. 

(f) With such exception as the Director may 
allow, the owner or operator of any source subject 
to this Rule shall continue to comply with 15A 
NCAC 2D .0518 until such time a^ the source 
complies with applicable rules in this Section or 
until the final compliance date set forth in this 
Rule, whichever comes first. The Director may 



allow the following exceptions: 

(1) testing coating materials; 

(2) making or testing equipment or process 
modifications; or 

(3) adding or testing control devices. 

(g) The owner or operator of any new source of 
volatile organic compounds not in existence or 
under construction as of the date that the Director 
the 



notices m 



North Carolina 



Register in 

accordance with Paragraph (c) of Rule .0902 of 
this Section that the area is in violation of the 
ambient air quality standard for ozone, shall 
comply with all applicable rules in this Section 
upon start-up of the source. 

(h) Paragraph (c). (d). and (f) of this Rule will 
not apply to sources that are |n compliance with 
applicable rules of this Section when the Director 
notices in the North Carolina Register that the area 
is in violation of the ambient air quality standard 
for ozone and that have determined and certified 
compliance to the satisfaction of the Director 
within six months after the Director notices in the 
North Carolina Register that the area is in 
violation. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.68: 143-215. 107(a)(5). 

SECTION .1000 - MOTOR 

VEHICLE EMISSION CONTROL 

STANDARDS 

.1002 APPLICABILirV' 

(a) This Section is applicable to all 1975 and 
later gasoline-powered motor vehicles, except 
motorcycles and excluding the current model year, 
that are: 

(1) required to be registered by the North 
Carolina Division of Motor Vehicles in 
the counties listed in Paragraph (b) of 
this Ruleri 

(2) part of a fleet primarily operated within 
the counties listed in Paragraph (b) of 
this Rule; or 

(3) operated on a federal installation 
located in a county listed in Paragraph 
(b) of this Rule and that meet the 
requirements of 40 CFR 51.356(a)(4). 

(b) The emission standards will become effective 
in the following counties on the dates indicated 
below: 

County Eff'ective Date 

Mecklenburg April 1, 1991 
Wake April 1, 1991 

Forsyth July 1, 1991 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2066 



PROPOSED RULES 



Guilford July 1, 1991 

Durham July 1, 1992 

Gaston July 1, 1992 

Cabarrus January' 1, 1993 

Orange July 1, 1993 

Union July 1, 1993 

(c) If the United States Environmental Protection 
Agency does not redesignate Davidson, Forsyth, 
and Guilford Counties and the portion of Davie 
County that is nonattainment for ozone as 
attainment areas for ozone, then emission 
standards and requirements of this Section shall 
become effective in Davidson and Randolph 
Counties six months after formal notification by 
EPA. 

Statutory Authority G.S. 20-1 28.2(a); 143- 
215.2(a)(l):143-215. 107(a)(3)d43-215. 107(a)(6): 
143-215. 107(a)(7). 



Y :-: ^ ¥ ¥ 



^^i^:>«:^:>^:-:^:;: 



jyi otice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NCWTFO Board of 
Certification intends to amend rule cited as 15A 
NCAC 18D .0206. 

1 he proposed effective date of this action is May 
1. 1994. 

1 he public hearing will be conducted at 9:30 a. m 
on March 8, 1994 at the Jane S. McKitnmon 
Center, NC State University, Western Boule\'ard, 
Raleigh. NC. 

IXeason for Proposed Action: To establish man- 
datory certification for distribution operators. 

i^onmwnt Procedures: A't\' person requiring 
information may contact Mr John C McFadyen, 
Post (Jffice Box 27687. Raleigh, North Carolina 
27611-7687. Telephone (919) 715-3225 or 733- 
2321. Written comments must be submitted to the 
above address no later than March 8, 1994. 
Notice of an oral presentation may be given to Mr. 
John C. McFadyen at the above address prior to 
the public hearing. . 

riscal Note: This Rule affects the expenditures 
or revenues of local funds. A fiscal note was 
submitted to the Fiscal Research Division on 



January 4, 1994, OSBM on January 4, 1994, 
N.C. League of Municipalities on January 4, 
1994, and N. C. Association of County Commis- 
sioners on January 4, 1994. 

CHAPTER 18 - ENVIRONMENTAL 
HEALTH 

SUBCHAPTER 18D - WATER 
TREATMENT FACILITY OPERATORS 

SECTION .0200 - QUALIFICATION OF 

APPLICANTS AND CLASSIFICATION 

OF FACILITIES 

.0206 CERTIFIED OPERATOR REQLTRED 

(a) There shall be an operator in responsible 
charge for each water treatment facility that adds 
chemicals to the water, has approved plans for 
adding chemicals to the water, or has equipment 
installed for adding chemicals to the water. The 
operator in responsible charge shall possess a \alid 
certificate issued by the Board equivalent to or 
exceeding the classification of the facility for 
which he or she is designated except for purchase 
water systems which add only a disinfectant to the 
water in which case the operator in responsible 
charge shall hold a surface water, well water or 
distribution system certification equivalent to or 
exceeding the classification of the facility' without 
respect to the original source of the water. 

(b) There shall be an operator holding at least a 
Grade C surface certification or above assigned to 
be on duty on the premises when a Class A. Class 
B, or Class C surface water treatment facility is 
treating water. In no case shall there be a substi- 
tute non-certified operator for more than seven 
days. Implementation of this requirement is 
subject to the following provisions: 

(1) Upon the effective date of this rule, 
each affected facility shall have two 
years to come into compliance; 

(2) Upon vacancy of a position resulting in 
noncompliance with this requirement 
each facility shall notify' the Board 
Office within 24 hours or at the start of 
the next regular business day of such 
\'acancy; 

(3) Upon such vacancy the facility shall 
have 90 days to fill the position with a 
certified Grade C or abo\'e operator or 
shall ha\e pending approval for a tem- 
porary' certification for the operator; 

(4) Within 18 months of vacancy the facili- 
ty shall have a certified Grade C or 



2067 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



vacancy. 
(c) There shall be an operator in responsible 
charge for the distribution portion of the communi- 
ty public water systems designated in Subpara- 
graphs (c)(1). (2) and (3) of this Rule. This opera- 
tor shall possess a valid certificate issued by the 
Board equivalent to or exceeding the distribution 
classification of the facility for which he or she js 
designated. 

(1) No late r than July L, 1997 all commu- 



121 



nitv public water systems serving great- 
er than 3.300 service connections shall 
have a certified distribution operator in 
responsible charge of the distribution 
portion of the system . 
No later than July L^ 1998 all commu- 
nity public water systems serving great- 
er than 1.000 service connections shall 
have a certified distribution operator in 
responsible charge of the distribution 
portion of the system. 
(3) No later than July 1. 1999 all commu- 
nity public water systems serving great - 
er than 100 service connections shall 
have a certified distribution operator in 
responsible charge of the distribution 
portion of the system. 

Statutory Authority G.S. 90A-20; 90A-28; 90A-29; 
90A-32. 

TITLE 16 - DEPARTMENT OF 
PUBLIC EDUCATION 

jyiotice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education 
intends to amend rules cited as 16 NCAC 6B 
.0007: 6C .0310, .0401 and 6G .0302. 

1 he proposed effective date of this action is July 
1, 1994. 



1 he public hearing will be conducted at: 

16 NCAC 6B . 0007 @ 9:30 a. m. 

16 NCAC 6C .0310 @ 10:00 a.m. 

16 NCAC 6C .0401 @ 10:30 a.m. 

16 NCAC 6G .0302 @ 11:00 a.m. on 

March 3, 1994 

at the 

Education Building 

7th Floor Board Room 

301 N. Wilmington Street 

Raleigh, NC 27601-2825. 

Ixeason for Proposed Action: 

16 NCAC 6B .0007 - Allows Department greater 

flexibility to use resources where needed. 

16 NCAC 6C .0310 - Establishes highest scores 

possible within validation study. 

16 NCAC 6C .0401 - Conforms rule to recent 

change in G.S 115C-302. 

16 NCAC 6G .0302 - Conforms rule to recent 

change in G.S 115C-238. 

i^omment Procedures: Any interested person may 
present views in writing prior to or at the hearing 
or orally at the hearing. 

CHAPTER 6 - ELEMENTARY 
AND SECONDARY EDUCATION 

SUBCHAPTER 6B - STUDENT 
TRANSPORTATION SYSTEM 

.0007 SUPERVISORY AND SAFETY 
PRACTICES 

The Department may evaluate e valuat e s annually 
the transportation program of eaeh any LEA. 
including the supervisory and safety practices. It 
may also malve s make recommendations to the 
LEA as it considers necessary. 

Statutory Authority G.S. 115C-240(a). 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2068 



PROPOSED RULES 



SUBCHAPTER 6C - PERSONNEL 
SECTION .0300 - CERTIFICATION 



.0310 STANDARD EXAMINATIONS 

(a) The NTE are the standard examinations required for initial certification. 
(1) For formal admission into an approved teacher education program, a person must score at least 
646 on the Communication Skills Test and 645 on the General Knowledge Test. These re- 
quirements apply to person who have not passed these tests by January 1, 1990. These 
requirements do not apply to persons whose specialty area is school social work, school 
counseling or school psychology. 

All applicants for initial certification must score at least 649 on the Professional Knowledge Test. 
h\ Efi'ective July \^ 1994, in addition to the Professional Knowledge Test, each applicant for 
initial certification must meet minimum teaching area scores as follows: 



(2) 
(3) 



Specialty Area 

(A) Agriculture 

(B) Art Education 

(C) Audiology 

(D) Biology 

(E) Biology and General Science 

(F) Business Education 

(G) Chemistry 

(H) Chemistry, Physics and General Science 

(I) Elarly Childhood Education 
(J) Earth/Space Science 

(K) Education in the Elementary School 
(L) Education of the Mentally Retarded 
(M) Educational Leadership: Administration and 

Supervision 
(N) English Language and Literature 
(O) English Language and Literature (Middle 

Grades Language Arts) 
(P) French 
(Q) German 
(R) Health Education 
(S) Home Economics Education 
(T) Technology Education 
(U) Introduction to the Teaching of Reading 
(V) Library Media Specialist 
(W) Marketing Education 
(X) Mathematics 

(Y) Mathematics (Middle Grades Mathematics) 
(Z) Music Education 
(AA)Physical Education 
(BB) Physics 
(CC) Reading Specialist 
(DD)School Guidance and Counseling 
(EE) School Psychologist 
(FF) Social Studies 

(GG)Social Studies (Middle Grades Social Studies) 
(HH)Spanish 

(II) Special Education (Cross Categorical) 
(JJ) Speech Communication 

(KK) Speech -Language Pathology 



jfi". 7 1 93 





530 




590 




540 




570 


569 


580 




490 


§30 


550 




530 


§00 


530 




540 


§40 


580 




590 




520 




460 




540 


§00 


540 


§«0 


640 




540 


§70 


580 




540 


§90 


610 


660 


690 


§3e 


540 


§w 


530 




550 




570 




510 




570 




570 




620 




540 




500 




520 




510 


§30 


560 




550 



cff. 7 1 9 4 



33t7 



ZrTKj 



2069 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



(LL) Teaching Emotionally Disturbed Students 
(MM)Teaching English as a Second Language 
(NN)Teaching Hearing Impaired Students 
(OO)Teaching Learning Disabled Students 
(PP) Teaching Visually Handicapped Students 



63G 


680 




520 


630 


650 


§40 


610 




550 



(4) 



(5) 



If no teaching area score is possible under Paragraph (a)(3) of this Rule, the Professional 

Knowledge score satisfies the NTE requirement. 

Based on the special nature of the preparation for certification. School Social Workers are 

excluded from NTE regulations and School Psychologists are required to take only the Area 

examination for School Psychologists, 
(b) Instead of the NTE scores an applicant, except a North Carolina approved program graduate at the 
Class A level, may be certified on the basis of the Graduate Record Examinations with minimum scores of 
380 on the Verbal Ability, 410 on the Quantitative Ability, and 380 on the Analytical Ability examinations. 

Authorin- G.S. 1 15C-12(9)a.; N.C. Constitution. Article IX. Sec. 5. 



SECTION .0400 - LEAVE 

.0401 VACATION LEAVE 

(a) All full-time or part-time permanent public 
school employees who are working or on paid 
leave for at least one-half of the calendar days in 
a month earn vacation leave, based on length of 
state service in North Carolina. 

(b) A part-time permanent employee in a bud- 
geted position earns vacation leave on a pro rata 
basis. 

(c) Local boards of education may choose to 
record leave earned in hours. If leave is recorded 
in hours, the leave earned as indicated in this 
Paragraph will be multiplied times the regular 
number of hours worked per day. Employees earn 
vacation leave as follows: 



Years of 


Days Per Month 


State Service 


of Employment 


Less than 2 yrs. 


1.00 


2 but less than 5 yrs. 


1.15 


5 but less than 10 yrs. 


1.40 


10 but less than 15 yrs. 


1.65 


15 but less than 20 yrs. 


1.90 


20 yrs. or more 


2.15 



(d) LEAs credit state service tor full-time or 
part-time permanent employment figured on the 
same basis as for longevity pay. The LEA must 
establish the anniversary date for each employee 
on the basis of the employee's state service. 

(e) The LEA may advance vacation leave to an 
employee. 

(f) The LEA transfers unused vacation leave 
when an employee transfers between LEAs. An 
employee may have leave transferred to or from a 
state agency or institution, community college or 



technical institute, a position subject to the State 
Personnel Act in a local mental health, public 
health, social services or emergency management 
agency, if the receiving agency is willing to accept 
the leave; otherwise, the employee will be paid in 
a lump sum for accumulated leave not to exceed 
30 workdays or 240 hours, according to the 
earning rate. 

(g) Leave payment at separation is subject to the 
following: 

(1) An employee who is overdrawn on 
leave when he or she separates will 
have the excess leave corrected through 
a deduction from the final salary check. 

(2) Payment for leave may be made on the 
regular payroll or on a supplemental 
payroll. The LEA makes payment 
from the same source of funds and in 
the same proportion as the employee's 
salary is paid. 

(3) Terminal leave payment is subject to 
the same deductions as salary, including 
retirement. 

(4) The receipt of lump sum leave payment 
and retirement benefit is not dual com- 
pensation. 

(5) The LEA makes payment for unpaid 
salary, terminal leave and travel of a 
deceased employee to the personal 
representative of the deceased employ- 
ee, or if there is no personal representa- 
tive, to the Clerk of Superior Court of 
the county in which the employee resid- 
ed. 

(h) Each LEA shall maintain leave records for 
all employees. LEAs must mform employees of 
their leave balances at least once a year. LEAs 
must retain leave records for separated employees 
for at least five years from the date of separation. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2070 



PROPOSED RULES 



(i) Leave must be taken in one-half days, whole 
days, or hours as determined for earning purposes 
by the local board, 

(j) Instructional personnel and school bus drivers 
may not talco vacation loavo on days when students 
arc s cheduled to be in attendance. — These persons 
may take vacation leave in s tead of s ick leave on 
day s when students are not scheduled to attend. 
Instructional personnel who require a substitute 
may take vacation lea\'e only on days when stu- 
dents are not in attendance. Instructional person- 
nel who do not require a substitute may take 
vacation leave on any day school js m session. 
LEAs may designate specific scheduled workdays 
for required attendance as long as employees have 
an opportunity to take annual leave earned during 
the school year. Employees may charge leave 
taken only to scheduled teacher workdays and the 
ten vacation leave days scheduled in the school 
calendar. 

(k) Other employees may take vacation leave 
instead of sick leave. TTiese employees must have 
an opportunity to take annual leave earned in the 
school year. 

Statutory Authority G.S. 115C-272: 115C-285; 
IJ5C-302: 115C-316. 

SUBCHAPTER 6G - EDUCATION 
AGENCi RELATIONS 

SECTION .0300 - PERFORMANCE- 
BASED ACCOUNTABILITi PROGRAM 

.0302 DIFFERENTIATED PAY 

(a) No LEA may adopt a differentiated pay plan 
that includes an across-the-board salary supplement 
for all certified employees. 

(b) After an LEA that uses the school-based 
performance model for differentiated pay attains 
local school goals, the local board of education, 
upon recommendation of the principal and superin- 
tendent, shall determine which certified staff 
members contributed to the attainment of those 
goals. The LEA will then distribute differentiated 
pay bonuses to those employees. A school-based 
committee that participates in the review of bonus 
distribution serves only in an advisory role to the 
principal, who bears the final responsibility for 
evaluating the performance of certified staff and 
deciding whom to recommend to the superinten- 
dent for bonus distribution. 

fe-) — A s chool based differentiated pay plan must 
include, at a minimum, all full time certified staff 
in the participating schools. 



Statutory Authority G. S. 115C-238. 1; 115C-238. 3; 
115C-238.4. 

TITLE 21 - OCCUPATIONAL 
LICENSEVG BOARDS 

l\otice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. State Board of Cosmetic 
Art Examiners intends to amend rules cited as 21 
NCAC 14N .0201. .0301. .0401 and .0501. 

I he proposed effective date of this action is May 
1. 1994. 

Instructions on How to Demand a Public Hearing 
(must he requested in writing within 15 da\s of 
notice): Anyone wishing to denumd a public hear- 
ing may contact Vicky Goudie, Executive Secre- 
tary, N. C. State Board of Cosmetic Art Examiners. 
1110 Navaho Drive. Raleigh. N.C. 27609, (919) 
850-2793. Tins demand must be in writing and 
received by March 17. 1994. 

MXeason for Proposed Action: Tfie law part of the 
theory portion of the examinations does not aid the 
applicant in his/her knowledge of cosmetology, and 
in some cases, this alone causes an applicant to 
fail the examination. 

i^onunent Procedures: Written conmients regard- 
ing these rules should he mailed or delivered to 
Vicky Goudie. Executive Secretary . N. C. State 
Board of Cosmetic Art Examiners, 1110 Navaho 
Drive. Raleigh. N.C. 27609. Comments must be 
received no later than March 1 . 1994. 

CHAPTER 14 - BOARD OF 
COSMETIC ART EXAMEVERS 

SUBCHAPTER 14N - EXAMINATIONS 

SECTION .0200 - COSMETOLOGIST 
EXAM 

.0201 EXAMINATION - THEORY 
SECTION 

(a) The theory section of the cosmetologist 
examination shall include the national theory 
examination of the National Interstate Council of 
State Boards of Cosmetology which covers all 
phases of cosmetic art, including hairdressing, 
manicuring and pedicuring, facial massage, and 



2071 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



PROPOSED RULES 



sanitation. TTic theory s ection also cover s North 
Carolina laws governing the practice of cosmetic 
aftr 

(b) The candidate shall have two and one half 
hours to complete the theory section of the cosme- 
tologist examination. 

Statutory Authority G.S. 88-10(2); 88-12(2); 
88-17. 

SECTION .0300 - MANICURIST 
EXAMINATION 

.0301 EXAMINATION - THEORY 
SECTION 

(a) The theory section of the manicurist exami- 
nation shall include the national theory examina- 
tion of the National Interstate Council of State 
Boards of Cosmetology which covers all phases of 
the art of manicuring, pedicuring and sanitation. 
The theory section will also cover North Carolina 
laws governing the practice of cosmetic art. 

(b) The candidate shall have two and one half 
hours to complete the theory section of the mani- 
curist examination. 

Statutory Authority G.S 88-10(2); 88-12(2); 
88-17. 

SECTION .0400 - COSMETOLOGIST 
TEACHER EXAMINATION 

.0401 EXAMINATION - THEORY 
SECTION 

(a) The theory section of the cosmetology 
teacher examination shall include the national 
theory examination of the National Interstate 
Council of State Boards of Cosmetology which 
includes lesson plans, teaching techniques, teach- 
ing aids, testing, classroom management, and 
student motivation. The theory section will also 
cover North Carolina law s governing the practice 
of cosmetic art. 

(b) The candidate shall have two and one half 
hours to complete the theory section of the exami- 
nation. 



SECTION .0500 - MANICURIST 
TEACHER EXAMINATION 

.0501 EXAMINATION - THEORY 
SECTION 

(a) The theory section of the manicurist teacher 
examination shall include the national theory 
examination of the National Interstate Council of 
State Boards of Cosmetology, which includes 
lesson plans, teaching techniques, teaching aids, 
testing, classroom management, and student 
motivation. The theory section will also cover 
North Carolina laws governing the practice of 
cosmetic art. 

(b) The candidate shall have two and one half 
hours to complete the theory section of the exami- 
nation. 



Statutory Authority' 
88-17. 



G.S 88-10(2); 88-12(2); 



* * * * 



Statutory Authority- 
88-17. 



G.S 88-10(2); 88-12(2): 



I\otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board for 
Licen.sing of Geologists intends to amend rule cited 
as 21 NCAC21 .0107. 

1 he proposed effective date of this action is May 
1. 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on March 4, 1994 at the NC Board for 
Licensing of Geologists, 3733 Benson Drive, 
Raleigh, NC 27609. 

iveason for Proposed Action: Tire upper limit on 
examination fees is being set to allow the Board to 
utilize a national examination which now costs 
$350.00. 

i^onunent Procedures: Direct comments to North 
Carolina Board for Licensing of Geologists, 3733 
Benson Drive. Raleigh, NC 27609, (919) 850- 
9669, by March 3, 1994 or at the public hearing. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2072 



PROPOSED RULES 



CHAPTER 21 - BOARD OF GEOLOGISTS 
SECTION .0100 - STATUTORY AND ADMINISTR.\TIVE PROVISIONS 

.0107 FEES 

(a) Completed application forms must be accompanied by the prescribed fee. Application fees will not 
be refunded regardless of Board approval or disapproxal of the application. Prescribed fees shall be not 
more than : 

(1) application forms for licensing as a geologist, including a copy of the Geologists 
Licensing Act and Rules: $ 5.00 

(2) application for license: , $ 50.00 

(3) examination; $100.00 $ 350.00 

(4) application for license by comity: $ 50.00 

(5) biennial renewal of license: $ 70.00 

i€j biennial renewal of license of N. C. resident geologists pmctiomg les s than 

15 days per year: — $ 30.00 

(6) fP) replacement of license: $ 10.00 

(7) i&j application for reinstatement of license: $ 50.00 

(8) i9j licensed geologist stamp and seal: cost plus $ 5.00 

(9) f4-0^ application for corporate registration: S 50.00 

(10) H+) annual renewal of certificate of registration for corporations $ 25.00 

(11) -(43^ registered geological corporation stamp and seal: cost plus: $ 5.00 

(b) All licenses will expire biennially on July 1 . Biennial renewal fees received after July 1 and before 
September 1 of the year due shall be subject to the assessment of a late payment penalty of twenty-five 
dollars ($25.00). All certificates of registration for corporations will expire annually on July 1. Annual 
renewal fees for certificates of registration for corporations received after August 1 and before December 
31 shall be subject to a late payment penalty of twenty-five dollars ($25. (X)). 

(c) Licenses that have not been renewed by September 1st may only be renewed by filing a reinstatement 
application and submitting a reinstatement fee. 

(d) Licenses that have been suspended under G.S. 89E-19 may be reinstated by filing a reinstatement 
application and paying the reinstatement fee. 

Staturon- Authority G.S. 55B-2(6): 55B-10: 55B-U : 89E-5: 89E-8: 89E-10: 89E-12: 89E-13: 89E-19. 



2073 8:21 NORTH CAROLINA REGISTER February 1, 1994 



LIST OF RULES CODIFIED 



The List of Rules Codified 


is a listing of rules that were filed with OAH in the month indicated. 


Key: 






Citation 


= 


Title. Chapter, Subchapter and Rule(s) 


AD 


= 


Adopt 


AM 


= 


Amend 


RP 


= 


Repeal 


With Chgs 


= 


Final text differs from proposed text 


Corr 


= 


Typographical errors or changes that requires no rulemaking 


Eff. Date 


= 


Date rule becomes effective 


Temp. Expires 


— 


Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
NOVEMBER & DECEMBER 93 



[TLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


1 


Administration 


20 


State Treasurer 


2 


Agriculture 


21 


Occupational Licensing Boards 


4 


Commerce 




14 - Cosmetic Art Examiners 


5 


Correction 




16 - Dental Examiners 


10 


Human Resources 




19 - Electrolysis 


11 


Insurance 




34 - Mortuary Science 


12 


Justice 




40 - Opticians 


13 


Labor 




54 - Practicing Psychologists 


15A 


Environment, Health, and 




60 - Refrigeration Examiners 




Natural Resources 




65 - Therapeutic Recreation 


17 


Revenue 


25 


Personnel 


19A 


Transportation 







Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


1 NCAC 35 .0101 




/ 




/ 




12/01/93 




.0102 




/ 








12/01/93 




.0103 




/ 




/ 




12/01/93 




.0201 




/ 








12/01/93 




.0202 




/ 




/ 




12/01/93 




1 NCAC 35 .0203 
recodifed from 

1 NCAC 35 .0301 












12/01/93 




.0203 




/ 








12/01/93 





8:21 



NORTH CAROLINA REGISTER 



February I, 1994 



2074 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff, 
Date 


Temp. 
Expires 


1 NCAC 35 .0204 
recodified from 

1 NCAC 35 .0302 












12/01/93 




.0204 




/ 








12/01/93 




1 NCAC 35 .0301 
recodified to 

1 NCAC 35 .0203 












12/01/93 




1 NCAC 35 .0301 
recodified from 

1 NCAC 35 .0401 












12/01/93 




.0301 




/ 








12/01/93 




1 NCAC 35 .0302 
recodified to 

1 NCAC 35 .0204 












12/01/93 




1 NCAC 35 .0302 
recodified from 

1 NCAC 35 .0402 












12/01/93 




.0302 




/ 




/ 




12/01/93 




1 NCAC 35 .0304 
recodified from 

1 NCAC 35 .0403 












12/01/93 




.0304 




/ 








12/01/93 




1 NCAC 35 .0305 
recodified from 

1 NCAC 35 .0404 












12/01/93 




.0305 




/ 








12/01/93 




1 NCAC 35 .0306 
recodified from 

1 NCAC 35 .0405 












12/01/93 




.0306 




/ 




/ 




12/01/93 




1 NCAC 35 .0307 
recodified from 

1 NCAC 35 .0406 












12/01/93 




.0307 




/ 




/ 




12/01/93 




1 NCAC 35 .0308 
recodified from 

1 NCAC 35 .0407 












12/01/93 




.0308 




/ 








12/01/93 




1 NCAC 35 .0401 
recodified to 

1 NCAC 35 .0301 












12/01/93 





2075 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 

Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


1 NCAC 35 .0402 
recodified to 

1 NCAC 35 .0302 












12/01/93 




1 NCAC 35 .0403 
recodified to 

1 NCAC 35 .0304 












12/01/93 




1 NCAC 35 .0404 
recodified to 

1 NCAC 35 .0305 












12/01/93 




1 NCAC 35 .0405 
recodified to 

1 NCAC 35 .0306 












12/01/93 




1 NCAC 35 .0406 
recodified to 

1 NCAC 35 .0307 












12/01/93 




1 NCAC 35 .0407 
recodified to 

1 NCAC 35 .0308 












12/01/93 




2 NCAC 38 .0701 




/ 








01/01/94 




48 A .1005 




/ 




/ 




01/01/94 




52B .0210 




/ 








01/01/94 




4 NCAC 2R .1502 










/ 






2S .0612 




/ 








02/01/94 




.0613 


/ 










02/01/94 




.0614- .0615 


/ 






/ 




02/01/94 




.0616 


/ 










02/01/94 




5C .0308 


/ 










12/01/93 




13A .0103 - .0104 






/ 






01/01/94 




13E .0901 




/ 








01/01/94 




5 NCAC 2B .0102 - .0105 






/ 






01/01/94 




.0107 






/ 






01/01/94 




.0201 - .0206 






/ 






01/01/94 




.0301 - .0302 






/ 






01/01/94 




.0304 - .0305 






/ 






01/01/94 




.0501 - .0502 






/ 






01/01/94 




2C .0101 - .0105 






/ 






01/01/94 




.0201 - .0203 






/ 






01/01/94 




.0301 - .0303 






/ 






01/01/94 





8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2076 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


5 NCAC 2C .0401 - .0405 






/ 






01/01/94 




.0501 - .0504 






/ 






01/01/94 




.0801 - .0803 






/ 






01/01/94 




.0902 - .0903 






/ 






01/01/94 




.1001 - .1007 






/ 






01/01/94 




.1101 - .1103 






/ 






01/01/94 




2D .0101 - .0103 






/ 






01/01/94 




.0201 - .0204 






/ 






01/01/94 




.0401 - .0402 






/ 






01/01/94 




.0502 






/ 






01/01/94 




.0601 - .0602 






/ 






01/01/94 




.0704 






/ 






01/01/94 




.0801 






/ 






01/01/94 




.0803 - .0804 






/ 






01/01/94 




2E .0229 






/ 






01/01/94 




.0235 






/ 






01/01/94 




.0702 - .0708 






/ 






01/01/94 




.1001 - .1004 






/ 






01/01/94 




.1006 






/ 






01/01/94 




.1101 - .1103 






/ 






01/01/94 




.1302 - .1303 






/ 






01/01/94 




.1306 






/ 






01/01/94 




.1405 






/ 






01/01/94 




2F .0101 






/ 






01/01/94 




.0201 - .0203 






/ 






01/01/94 




.0205 - .0206 






/ 






01/01/94 




.0301 - .0302 






/ 






01/01/94 




.0404 






/ 






01/01/94 




.0501 - .0503 






/ 






01/01/94 




.0505 






/ 






01/01/94 




.0601 - .0605 






/ 






01/01/94 




.1508 






/ 






01/01/94 




.2002 






/ 






01/01/94 







2077 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


5 NCAC 2F .2101 






/ 






01/01/94 




.2201 - .2204 






/ 






01/01/94 




.2301 - .2303 






/ 






01/01/94 




.2502 - .2503 






/ 






01/01/94 




.2603 - .2604 






/ 






01/01/94 




2G .0101 - .0105 






/ 






01/01/94 




.0201 - .0204 






/ 






01/01/94 




.0207 






/ 






01/01/94 




.0209 






/ 






01/01/94 




.0301 - .0303 






/ 






01/01/94 




.0305 






/ 






01/01/94 




.0307 






/ 






01/01/94 




.0310 






/ 






01/01/94 




.0313 






/ 






01/01/94 




.0402 - .0406 






/ 






01/01/94 




2H .0103 






/ 






01/01/94 




4C .1201 






/ 






01/01/94 




.1203 






/ 






01/01/94 




.1205 






/ 






01/01/94 




4F .0501 






/ 






01/01/94 




10 NCAC 3R .0214 


/ 






/ 




01/04/94 




.0304 




/ 








01/04/94 




.0305 




/ 




/ 




01/04/94 




.0309 




/ 








01/04/94 




.0321 


/ 










01/04/94 




.1202 






/ 






01/04/94 




.1204- .1209 






/ 






01/04/94 




.1213 


/ 










01/04/94 




.1214- .1215 


/ 






/ 




01/04/94 




.1216 


/ 










01/04/94 




.1217 


/ 






/ 




01/04/94 




.1218 - .1219 


/ 










01/04/94 




.1402 






/ 






01/04/94 







8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2078 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3R .1404 -.1409 






/ 






01/04/94 




.1413 - .1414 


/ 






/ 




01/04/94 




.1415 - .1416 


/ 










01/04/94 




.1417 


/ 










01/04/94 




.1418 


/ 










01/04/94 




.1419 


/ 






/ 




01/04/94 




.1713 




/ 




/ 




01/04/94 




.1714 




/ 








01/04/94 




.1715 




/ 




/ 




01/04/94 




.1716 






/ 






01/04/94 




.1717 




/ 




/ 




01/04/94 




.1718 - .1719 




/ 








01/04/94 




.1720 


/ 






/ 




01/04/94 




.1902 






/ 






01/04/94 




.1904 - .1908 






/ 






01/04/94 




.1912 - .1914 


/ 










01/04/94 




.1915 


/ 






/ 




01/04/94 




.1916 


/ 










01/04/94 




.1917 


/ 






/ 




01/04/94 




.1918 


/ 










01/04/94 




.2113 




/ 








01/04/94 




.2114 




/ 




/ 




01/04/94 




.2115 - .2116 




/ 








01/04/94 




.2117 




/ 




/ 




01/04/94 




.2118 - .2119 




/ 








01/04/94 




.2120 


/ 










01/04/94 




.2702 - .2707 






/ 






01/04/94 




.2710 - .2711 






/ 






01/04/94 




.3001 




/ 








12/31/93 


180 DAYS 


.3020 




/ 








12/31/93 


180 DAYS 


.3030 




/ 








12/31/93 


1 80 DAYS 


.3032 




/ 








12/31/93 


1 80 DAYS 


.3040 




/ 








12/31/93 


1 80 DAYS 





2079 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 

Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3R .3050 




/ 








12/31/93 


1 80 DAYS 


.3101 


/ 










01/04/94 




.3102 


/ 






/ 




01/04/94 




.3103 


/ 










01/04/94 




.3104 


/ 






/ 




01/04/94 




.3105 - .3106 


/ 










01/04/94 




.3107 


/ 






/ 




01/04/94 




.3108 


/ 










01/04/94 




.3201 - .3204 


/ 










01/04/94 




.3205 


/ 






/ 




01/04/94 




.3206 


/ 










01/04/94 




.3207 


/ 






/ 




01/04/94 




.3401 - .3404 


/ 










01/04/94 




.3405 


/ 






/ 




01/04/94 




.3406 


/ 










01/04/94 




.3407 


/ 






/ 




01/04/94 




.3501 - .3504 


/ 










01/04/94 




.3505 


• 






/ 




01/04/94 




.3506 


/ 










01/04/94 




.3507 


/ 






/ 




01/04/94 




.3601 - .3605 


/ 










01/04/94 




.3606 


/ 






/ 




01/04/94 




.3607 


/ 










01/04/94 




.3701 - .3707 


/ 










01/04/94 




.3801 


/ 










01/04/94 




.3802 


/ 






/ 




01/04/94 




.3803 - .3804 


/ 










01/04/94 




.3805 - .3807 


/ 






/ 




01/04/94 




.3901 - .3905 


/ 










01/04/94 




.3906 


/ 






/ 




01/04/94 




.3907 


/ 










01/04/94 




.3908 


/ 






/ 




01/04/94 




.4001 


/ 










01/04/94 







8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2080 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3R .4002 


/ 






/ 




01/04/94 




.4003 


/ 










01/04/94 




.4004 


/ 






/ 




01/04/94 




.4005 


/ 










01/04/94 




.4006 - .4007 


/ 






/ 




01/04/94 




.4008 


/ 










01/04/94 




.4009 


/ 






/ 




01/04/94 




.4010 - .4011 


/ 










01/04/94 




.4012 


/ 






/ 




01/04/94 




.4101 - .4103 


/ 






/ 




01/04/94 




.4104 


/ 










01/04/94 




.4105 


/ 






/ 




01/04/94 




.4106 - 4107 


/ 










01/04/94 




14A .1301 - .1313 






/ 






01/04/94 




.1315 - .1317 






/ 






01/04/94 




14J .0206 




/ 




/ 




01/04/94 




14K .0342 




/ 




/ 




01/01/94 




14L .0602 




/ 








01/04/94 




14M .0709 




/ 




/ 




01/01/94 




.0715 - .0716 




/ 








01/01/94 




14L' .0101 - .0102 


/ 










01/04/94 




.0103 


/ 






/ 




01/04/94 




.0201 - .0205 


/ 










01/04/94 




.0301 


/ 










01/04/94 




.0302 


/ 






/ 




01/04/94 




.0303 - .0305 


/ 










01/04/94 




.0401 - .0403 


/ 










01/04/94 




.0501 - .0510 


/ 










01/04/94 




.0601 - .0602 


/ 










01/04/94 




.0603 


/ 






/ 




01/04/94 




.0604 


/ 










01/04/94 




.0701 - .0702 


/ 










01/04/94 




.0703 


/ 






/ 




01/04/94 







2081 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 14U .0704 - .0706 


/ 










01/04/94 




.0801 - .0805 


/ 










01/04/94 




.0901 - .0903 


/ 










01/04/94 




.0904 


/ 






/ 




01/04/94 




.0905 - .0907 


/ 










01/04/94 




.0908 


/ 






/ 




01/04/94 




.1001 - .1002 


/ 










01/04/94 




.1003 - .1004 


/ 






/ 




01/04/94 




.1101 - .1103 


/ 










01/04/94 




.1104 


/ 






/ 




01/04/94 




.1105 


/ 










01/04/94 




.1201 - .1202 


/ 










01/04/94 




.1203 


/ 






/ 




01/04/94 




.1204- .1207 


/ 










01/04/94 




.1301 - .1303 


/ 










01/04/94 




.1401 - .1402 


/ 










01/04/94 




.1501 


/ 










01/04/94 




.1601 - .1603 


/ 










01/04/94 




18D .0209 




/ 








01/01/94 




18Q .0520 




/ 








01/01/94 




.0540 - .0541 




/ 








01/01/94 




26H .0202 




/ 








12/01/93 




.0509 


/ 






/ 




01/01/94 




42C .3503 




/ 








01/04/94 




42W .0001 




/ 








12/01/93 




.0002 




/ 




/ 




12/01/93 




45G .0104 




/ 




/ 




01/01/94 




45H .0202 - .0203 




/ 








01/01/94 




11 NCAC 8 .0905 




/ 








01/04/94 




IIB .0611 




/ 




/ 




01/01/94 




lie .0133 


/ 










01/21/94 


180 DAYS 


11 NCAC IIF .0000 
recodified to 

11 NCAC IIP .0100 












01/01/94 





8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2082 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


Witii 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


11 NCAC IIF .0201 - .0206 


/ 










01/21 '94 




.0207 


/ 










01 '01 ''94 




.0208 


/ 










01/21/94 




IIH .0011 


/ 






/ 




01 '01 '94 




12 .0560 


/ 










01 '01/94 




.0712 


/ 










01 0194 




.0713 


/ 






/ 




01 01/94 




. 1 004 




/ 








12/01/93 




.1022 


/ 










12/01/93 




,1401 - .1403 


/ 










01/01/94 




. 1 404 


/ 






/ 




01 0194 




13 .0318 -.0319 




/ 




/ 




12/01/93 




15 .0012 


/ 










01 01. 94 




16 .0302 




/ 




/ 




01/01/94 




.0401 - .0403 


/ 






/ 




01/01/94 




.0501 - .0504 


/ 






/ 




01/01/94 




12 NX.^C 1 .0106 


/ 






/ 




01/01/94 




7D .0102 




/ 








12/01/93 




.0203 




/ 




/ 




01 (34 94 




.0301 - .0302 




/ 




/ 




01/04/94 




.0401 




/ 




/ 




0104 94 




.M02 




/ 








01 04 94 




lOB .0103 




/ 








01 '01 94 




.0105 




/ 




/ 




01/01/94 




.0201 




/ 








01/01/94 




.0204 - .0205 




/ 




/ 




01/01/94 




.0301 




/ 








010194 




.0305 




/ 








01 '01/94 




.0402 - .0403 




/ 








01 0194 




.0406 




/ 








01/01 '94 




.0408 - .0409 




/ 








01/01/94 




.0503 




/ 








01 01-94 




.0505 




/ 








01 01/94 







2083 



8:21 



NORTH CAROLINA REGISTER 



Februarv i, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


12 NCAC lOB .0602 




/ 








01/01/94 




.0606 




/ 








01/01/94 




.0704 




/ 








01/01/94 




.0901 




/ 








01/01/94 




.0902 






/ 






01/01/94 




.0904 




/ 








01/01/94 




.0906 




/ 








01/01/94 




.0909 




/ 








01/01/94 




.1003 




/ 




/ 




01/01/94 




.1005 




/ 








01/01/94 




.1205 




/ 








01/01/94 




.2104 




/ 








01/01/94 




11 .0102 




/ 








12/01/93 




13 NCAC 7F .0101 




/ 








12/31/93 




.0201 




/ 








12/31/93 




.0501 




/ 








12/31/93 




15A NCAC 2D .0518 




/ 




/ 




12/01/93 




.0531 - .0532 




/ 




/ 




12/01/93 




.0901 




/ 








12/01/93 




.0902 




/ 




/ 




07/01/94 




.0907 




/ 




/ 




07/01/94 




.0910 




/ 




/ 




07/01/94 




.0911 




/ 




/ 




07/01/94 




.0936 




/ 




/ 




12/01/93 




.0947 - .0948 


/ 






/ 




07/01/94 




.0949 - .0951 


/ 










07/01/94 




.0952 


/ 






/ 




07/01/94 




.1201 




/ 




/ 




12/01/93 




.1202 




/ 








12/01/93 




.1204 




/ 








12/01/93 




.1206 




/ 








12/01/93 




.1209 




/ 








12/01/93 




2H .0601 




/ 








12/01/93 







8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2084 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corn 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 2H .0603 




/ 








12/01/93 




5B .0003 




/ 




/ 




01/01/94 




6F .0001 - .0005 


/ 










12/09/93 


1 80 DAYS 


7H .0304 




/ 








12/01/93 




.2002 


/ 






/ 




01/01/94 




.2004 


/ 






/ 




01/01/94 




lOB .0105 










/ 






.0117 




/ 




/ 




12/01/93 




IOC .0215 


/ 










12/01/93 




.0404 




/ 








07/01/93 




.0407 




/ 








12/01/93 


1 80 DAYS 


lOF .0339 




/ 








12/01/93 




.0365 


/ 










12/01/93 




lOH .0109 




/ 




/ 




12/01/93 




138 .1701 -.1703 


/ 










01/04/94 




.1704 - .1705 


/ 






/ 




01/04/94 




.1706 - .1707 


/ 










01/04/94 




.1708 


/ 






/ 




01 04 '94 




.1709 


/ 










01 04/94 




.1710 


/ 






/ 




01/04/94 




ISA .0201 - .0230 






/ 






01/04/94 




.0301 




/ 




/ 




01/04/94 




.0420 




/ 




/ 




05/01/94 




.0425 




/ 








01/04/94 




.0427 




/ 




/ 




05/01/94 




.2601 




/ 




/ 




01/04/94 




.2638 - .2639 




/ 




/ 




01/04/94 




19A .0206 




/ 




/ 




01/04/94 




.0401 




/ 




/ 




01/01/94 




.0406 


/ 










01''04'94 




.0502 




/ 




/ 




0104/94 




19B .0101 




/ 








01/04/94 




.0503 




/ 








01/04/94 







2085 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 19C .0102 




/ 








01/04/94 




.0701 - .0703 


/ 






/ 




01/04/94 




20A .0006 




/ 




/ 




01/01/94 




21A .0816 -.0818 




/ 




/ 




01/04/94 




21B .0304 




/ 




/ 




01/04/94 




24A .0202 




/ 








01/04/94 




.0302 




/ 








01/04/94 




17 NCAC lA .0001 




/ 








01/01/94 




.0002 - .0005 






/ 






01/01/94 




IB .0001 - .0002 






/ 






01/01/94 




IC .0101 - .0104 










/ 






.0201 




/ 








01/01/94 




.0204 






/ 






01/01/94 




.0206 






/ 






01/01/94 




.0301 




/ 








01/01/94 




.0302 - .0303 






/ 






01/01/94 




.0306 






/ 






01/01/94 




.0308 




/ 








01/01/94 




.0312 






/ 






01/01/94 




.0313 - .0314 




/ 








01/01/94 




.0316 




/ 








01/01/94 




.0318 - .0319 




/ 








01/01/94 




.0320 










/ 






.0321 






/ 






01/01/94 




.0322 




/ 








01/01/94 




.0323 






/ 






01/01/94 




.0402 






/ 






01/01/94 




2 A .0001 - .0005 






/ 






01/01/94 




2B .0001 - .0003 






/ 






01/01/94 




2C .0001 - .0003 






/ 






01/01/94 




2D .0001 - .0003 






/ 






01/01/94 




2E .0001 - .0003 






/ 






01/01/94 




5B .0105 




/ 








01/01/94 







8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2086 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 


NCAC 5B .0107 




/ 








01/01/94 




.0403 




/ 








01/01/94 




.0503 




/ 








01/01/94 




.0603 




/ 








01/01/94 




.0803 




/ 








01/01/94 




.0903 




/ 








01/01/94 




.1104 - .1105 




/ 








01/01/94 




.1108 




/ 








01/01/94 




.1110 




/ 








01/01/94 




.1302- .1304 




/ 








01/01/94 




.1306 




/ 








01/01/94 




.\}(W 




/ 








01/01/94 




.1402 




/ 








01/01/94 




.1502 




/ 








01/01/94 




.1703 




/ 








01/01/94 




5C .0101 - .0103 




/ 








01/01/94 




.0304 




/ 








01/01/94 




.0405 - .0406 




/ 








01/01/94 




.0604 - .0605 




/ 








01/01/94 




.0701 - .0704 




/ 








01/01/94 




.080 1 




/ 








01/01/94 




.0804 - .0805 




/ 








01/01/94 




.0903 




/ 








01/01/94 




.0907 - .0908 




/ 








01/01/94 




.1001 




/ 








01/01/94 




.1003 




/ 








01/01/94 




.1006 




/ 








01/01/94 




.1401 




/ 








01/01/94 




.1507 




/ 








01/01/94 




.1702 




/ 








01/01/94 




.1801 - .1803 




/ 








01/01/94 




.2004 




/ 








01/01/94 




.2101 - .2102 




/ 








01/01/94 







2087 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 NCAC 5C .2401 




/ 








01/01/94 




.2402 






/ 






01/01/94 




.2403 




/ 








01/01/94 




19A NCAC lA .0405 






/ 






12/29/93 




2B .0201 






/ 






12/29/93 




.0317 




/ 








12/29/93 




.0505 






/ 






12/29/93 




.0514 






/ 






12/29/93 




.0602 - .0603 




/ 








12/29/93 




2C .0101 - .0106 




/ 








12/29/93 




.0107 






/ 






12/29/93 




.0108 




/ 








12/29/93 




.0110- .0112 




/ 








12/29/93 




.0114- .0115 




/ 








12/29/93 




.0201 - .0205 




/ 








12/29/93 




.0206 - .0207 






/ 






12/29/93 




.0208 




/ 








12/29/93 




.0209- .0211 






/ 






12/29/93 




.0212- .0213 




/ 








12/29/93 




2D .0406 




/ 








12/29/93 




.0602 




/ 




/ 




12/29/93 




.0607 




/ 




/ 




12/29/93 




.0801 




/ 








12/29/93 




2E .0607 






/ 






12/29/93 




.0702 




/ 








12/29/93 




3B .0101 










/ 






.0103 










/ 






.0119 










/ 






.0602 










/ 






.0614 










/ 






,0620- .0621 




/ 








01/01/94 




3C .0223 




/ 








01/01/94 




.0404 










/ 









8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2088 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 3C .0435 










/ 






.0436 




/ 








01/01/94 




3D .0101 - .0102 




/ 








01/01/94 




.0215 - .0219 




/ 








01/01/94 




.0221 




/ 








01/01/94 




.0223 - .0224 




/ 








01/01/94 




.0226 - .0229 




/ 








01/01/94 




.0231 




/ 








01/01/94 




.0301 - .0302 










/ 






.0401 




/ 








01/01/94 




.0402 - .0405 










/ 






.0601 - .0602 




/ 








01/01/94 




.0604 










/ 






.0701 




/ 








01/01/94 




.0702 






/ 






01/01/94 




.0703 




/ 








01/01/94 




.0802 - .0804 




/ 








01/01/94 




.0807 - .0809 




/ 








01/01/94 




.0814 - .0817 




/ 








01/01/94 




.0818 










/ 






.0819 - .0825 




/ 








01/01/94 




.0826 










/ 






.0901 - .0902 




/ 








01/01/94 




3F .0101 










/ 






.0201 - .0203 










/ 






3G .0205 




/ 








01/01/94 




.0402 










/ 






.0601 










/ 






3H .0207 - .0208 




/ 








01/01/94 




.0211 










/ 






.0302 - .0303 




/ 








01/01/94 




.0401 - .0404 




/ 








01/01/94 




31 .0505 






/ 






01/01/94 







2089 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 3J .0101 - .0102 




/ 








01/01/94 




.0201 - .0202 




/ 








01/01/94 




.0208 






/ 






01/01/94 




.0303 




/ 








01/01/94 




.0305 - .0308 




/ 








01/01/94 




.0401 




/ 








01/01/94 




.0505 - .0506 






/ 






01/01/94 




.0508 




/ 








01/01/94 




.0601 




/ 








01/01/94 




.0604 - .0605 




/ 








01/01/94 




.0701 




/ 








01/01/94 




.0703 




/ 








01/01/94 




.0801 - .0803 




/ 








01/01/94 




.0902 




/ 








01/01/94 




.0905 






/ 






01/01/94 




.0907 




/ 








01/01/94 




5A .0002 










/ 






5C .0101 - .0103 






/ 






12/29/93 




.0201 - .0204 






/ 






12/29/93 




.0301 - .0304 






/ 






12/29/93 




.0401 - .0402 






/ 






12/29/93 




.0502 - .0503 




/ 








12/29/93 




.0601 - .0603 




/ 








12/29/93 




.0701 




/ 








12/29/93 




.0703 




/ 








12/29/93 




20 NCAC 2N .0100 










/ 






.0206 - .0209 




/ 








12/01/93 




.0212- .0213 




/ 








12/01/93 




.0214 










/ 






.0215 - .0219 




/ 








12/01/93 




21 NCAC 141 .0105 




/ 








12/01/93 




14N .0114 




/ 




/ 




12/01/93 




16B .0304 




/ 




/ 




01/04/94 







8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2090 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


21 


NC.AC 16C .0203 




/ 




/ 




01/04/94 




.0304 




/ 




/ 




01/04/94 




16D .0101 




/ 








01/04/94 




.0102 




/ 




/ 




01/04/94 




16H .0104 




/ 




/ 




01/01/94 




.0203 




/ 




/ 




01/01/94 




.0205 




/ 




/ 




01/01/94 




16Q .0204 




/ 








01/01/94 




.0301 




/ 




/ 




01/01/94 




.0303 




/ 








01/01/94 




.0403 




/ 








01/01-94 




19 .0101 




/ 








12/01/93 




19 .0604 


/ 






/ 




12/01/93 




.0613 


/ 






/ 




12 0193 




34A .0101 




/ 








12/01/93 




.0201 




/ 








12/01 93 




40 .0101 




/ 








01/01/94 




.0112 




/ 




/ 




01/01/94 




.0202 




/ 




/ 




01/01 '94 




.0314 




/ 








01/01/94 




54 .160.5 




/ 




/ 




12/01/93 




.1609 


/ 










12/01/93 


1 SO DA^'S 


.2007 


/ 










12/01/93 


1 80 DAYS 


60 .0101 






/ 






12 01/93 




.0102 




/ 








12/01/93 




.0207 




/ 




/ 




12/01/93 




.0210 


/ 










12 01 93 




.0312 - .0314 


/ 










12/01/93 




.1102 - .1103 




/ 




/ 




12/01/93 




65 .0001 - .0003 


/ 






/ 




01/01/94 




.0005 - .0006 


/ 






/ 




01/01/94 




.0007 


/ 






/ 




01/01/95 




.ooos 


/ 






/ 




01/01/94 







2091 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


25 NCAC ID .0301 




/ 




/ 




12/01/93 




.0308 




/ 




/ 




12/01/93 




.2401 - .2404 


/ 






/ 




12/01/93 




IE .0205 




/ 




/ 




12/01/93 




.0209 




/ 




/ 




12/01/93 




.0301 




/ 




/ 




12/01/93 




.0314 




/ 








12/01/93 




.0706 




/ 








12/01/93 




.0707 - .0710 




/ 




/ 




12/01/93 




.1102 




/ 




/ 




12/01/93 




.1105 




/ 




/ 




12/01/93 




.1110 




/ 




/ 




12/01/93 




.1306 




/ 








12/01/93 




.1402 - .1404 




/ 




/ 




12/01/93 




.1405 - .1406 




/ 








12/01/93 




.1408 




/ 




/ 




12/01/93 




.1501 - .1503 


/ 






/ 




01/04/94 




.1504 


/ 










01/04/94 




.1505 - .1506 


/ 






/ 




01/04/94 





8:21 



NORTH CAROLINA REGISTER 



February I, 1994 



2092 



RRC OBJECTIONS 



1 he Rules Review Coimnission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 1438-30. 2(d). 



ADMINISTIL\TION 

State Employees Combined Campaign 

1 NCAC 35 .0103 - Organization of the Campaign 

Agency Revised Rule 

AGRICLXTURE 

Aquaculture 

2 NCAC 53 .0001 - .Aquaculture Licenses 
COMMERCE 

Banking Commission 

4 NCAC 3F .0202 - Permissible Investtnents 
EVMROXMENT, HEALTH. AND NATURAL RESOLUCES 
Coastal Management 

15A NCAC 7H .2002 - Approval Procedures 

Agency Responded 

No Action 

Agency Revised Rule 
15A NCAC 7H .2004 - General Conditions 

Agency Responded 

No Action 

Agency Revised Rule 

Environmental Management 

15A NCAC 2D .0518 - Msc Volatile Organic Compound Emissions 

Agency Revised Rule 
15A NCAC 2D .0948 - VOC Emissions from Transfer Operations 

Agency Revised Rule 
15A NCAC 2L .0103 - Policy 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Health: Epidemiology 

15A NCAC 19A .0206 - Infection Control - Health Care Settings 
Agency Revised Rule 



RRC Objection 11/18/93 
Obj. Removed 11/18/93 



RRC Objection 12/16/93 



RRC Objection 12/16/93 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Contd 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Cont'd 

Eff. 



09/17/93 
10/21/93 
11/18/93 
12/16/93 
09/17/93 
10/21/93 
11/18/93 
12/16/93 



11/18/93 
11/18/93 
11/18/93 
11/18/93 
09/17/93 
09/17/93 
10/21/93 
11/04/93 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



2093 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



RRC OBJECTIONS 



15A NCAC 19C .0703 - Method of Reporting 
Agency Revised Rule 

Health: Personal Health 

15A NCAC 21 A .0817 - Grant Proposals 
Agency Revised Rule 

Laboratory Services 

15A NCAC 20A .0006 - Fees 
Agency Re\'ised Rule 

Mining: Mineral Resources 

15A NCAC 5B .0003 - Procedures for Obtaining Permits: Bonding Reqs. 
Agency Revised Rule 

Solid Waste Management 

15A NCAC 13B .1705 - Design, Constr /Operation/Structural Fill Facilities 

Agency Re\lsed Rule 
15A NCAC 13B .1708 - Other Uses for Coal Combustion By-products 

Agency Revised Rule 
15A NCAC 13B .1710 - Annual Reporting 

Agency Re\>ised Rule 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3R .21 14 - Information Required of Applicant 

Agency Revised Rule 
10 NCAC 3R .3405 - Required Staffing and Staff Training 

Agency Rex'ised Rule 
10 NCAC 3R .3505 - Required Staffing and Staff Training 

Agency Rex'ised Rule 
10 NCAC 3R .3906 - Required Staffing and Staff Training 

Agency Revised Rule 

Mental Health: General 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



10 NCAC 14A . 1603 recodified as 14V .0303 - Registered Nurse 

Agency Revised Rule 
10 NCAC 14A . 1903 recodified as 14V .0603 - Space Requirements 

Agency Revised Rule 
10 NCAC 14A .2204 recodified as 14V .0904 - Treatment or Habilitation Plan 

Agency Re\'ised Rule 
10 NCAC 14A .2208 recodified as 14V .0908 - Rel Planning/Res /Inpatient Svcs 

Agency Rex'ised Rule 
10 NCAC 14A .2304 recodified as 14V .1004 - Testing Services 

Agency Revised Rule 
10 NCAC 14A .2404 recodified as 14V .1104 - Invol Admin /Psychotropic Med 

Agency Re\'ised Rule 
10 NCAC 14J .0206 - Procedures: Seclusion. Restraints, or Isolation Tune Out 



RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


11/18/93 


RRC 


' Objection 


12/16/93 



8:21 



NORTH CAROLINA REGISTER 



February I, 1994 



2094 



RRC OBJECTIONS 



Agency Re\'ised Rule 
INSURANCE 
Financial Evaluation Division 

] I NCAC 1 IB .0611 - Deposits: Bonds: Excess Insurance - Groups 

Agencr\' Re\ised Rule 
II NCAC IIH .001 1 - Insolvency or Ha:xirdous Financial Condition 

Agency Re\'ised Rule 

Agency Re\ised Rule 



Obj. Retnoved 12/16/93 



RRC Objection 
Ohj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



12/16/93 
12/16/93 
11/18/93 
11/18/93 
12/16/93 



Special Services Division 

11 NCAC 13 .0318 - Request for Cancellation Notice 

Agency Rexised Rule 

JUSTICE 
Departmental Rules 

12 NCAC I .0106 - ADA Dispute Resolution Procedure 

Agency Revised Rule 

Private Protective Services 

12 NCAC 7D .0108 - Law Enforcement Officers Special Provisions 

No Response from Agency 
12 NCAC 7D .0203 - Renewal or Re-issue of Licenses and Trainee Permits 

Agency Re\ised Rule 
12 NCAC 7D .0401 - Experience Reqs. a Private Investigator License 

Agency Rexised Rule 

Sheriffs" Education and Training Standards Commission 

12 NCAC lOB .1003 - Basic Law Enforcement Certificate 
Agency Rex'ised Rule 

LICENSING BOARDS ANT) COMMISSIONS 

Dental Examiners 

21 NCAC I6D .0102 - Restricticms on Practice 

Agency Rexised Rule 
21 NCAC I6H .0203 - Permitted Functions of Dental Assistant II 

Agency Revised Rule 
21 NCAC 16Q .0301 - Sedation Credentials and Permit 

Agency Rexised Rule 

Electrolysis Examiners 

21 NCAC 19 .0604 - Program Directors 

Agency Rexised Rule 
21 NCAC 19 .0613 - Student/Teacher Ratio and Ecjuipment 

Aiienc\ Rex'ised Rule 



RRC Objection 11/18/93 
Obi. Removed 11/18/93 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/18/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 



RRC Objecticm 11/18/93 
Ohj. Removed 11/18/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 



RRC Objection 10/21/93 

Ohj. Removed 11/18/93 

RRC Objection 10/21/93 

Obj. Removed 11/18/93 



2095 



8:21 



NORTH CAROLINA REGISTER 



Eebruarv 1, 1994 



RRC OBJECTIONS 



Opticians 

27 NCAC 40 .0202 - Registration of Place of Business 

Agency Rex'ised Rule 
21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration 

Agency Rex'ised Rule 



RRC Objection 12/16/93 

Obj. Removed 12/16/93 

RRC Objection 12/16/93 

Obj. Removed 12/16/93 



Practicing Psychologists 



:; NCAC 54 .1605 - Fees 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



11/18/93 
11/18/93 



Refrigeration Examiners 



21 NCAC 60 .0101 - Structure of Board 

Agency- Repealed Rule 
21 NCAC 60 .0207 - Requirements for Examination Applicants 

Agency Revised Rule 



RRC Objection 1 1 /1 8/93 

Obj. Removed 11/18/93 

RRC Objection 11/18/93 

Obj. Removed 11/18/93 



Therapeutic Recreation 



21 NCAC 65 .0005 (Recodified as 21 NCAC 65 .0002)- Meetings 

Agency Revised Rule 
21 NCAC 65 .0008 (Recodified as 21 NCAC 65 .0004) - Academic -TRS Exam. 
21 NCAC 65 .0011 (Recodified as 21 NCAC 65 .0007) - Cert. Ren. Eff. 7/1/95 

Agency Re\>ised Rule 
21 NCAC 65 .0013 (Recodified as 21 NCAC 65 .0008} - Revocation 

Agency Revised Rule 



RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Renwved 


12/16/93 



STATE PERSONNEL 



Office of State Personnel 



25 NCAC ID .0308 - Salary Increases 

Agency Rex'ised Rule 
25 NCAC IE .0301 - Sick Leave Credits 

Agency Revised Rule 
25 NCAC IE .1 102 - Maximum Amount 

Agency Rex'ised Rule 
25 NCAC IE .1105 - Retention of Benefits 

Agency Revised Rule 



RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 


RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 


RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 


RRC Objection 


11/18/93 


Obj. Removed 


11/18/93 



TRANSPORTATION 



Deputy Secretary - Transit, Rail, and Aviation 



19A NCAC 6C .0112 - Allowable Project Costs 

Agency Re\'ised Rule 
19A NCAC 6C .0128 - State Aid to Airports Program Guidance Handbook 

Agency Repealed Rule 



RRC Objection 1 1 /1 8/93 

Obj. Removed 11/18/93 

RRC Objection 11/18/93 

Obj. Removed 11/18/93 



Director of Administration 



19A NCAC 5B .0101 - Fiscal Section Operations 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



11/18/93 
11/18/93 



8:21 



NORTH CAROLINA REGISTER 



February I, 1994 



2096 



RRC OBJECTIONS 



Division of Highways 

]9A NCAC 2C .0102 - Minimum Standards for Secondary Roads RRC Objection 12/16/93 

Agency Rex'ised Rule Ohj. Removed 12/16/93 

19A NCAC 2C .0103 - Addition of Roads to the Secondary Road System RRC Objection 12/16/93 

Agency Rex-ised Rule Obj. Removed 12/16/93 

19A NCAC 2C .0204 - Utility Requirements for Subdivision Roads RRC Objection 12/16/93 

Agency Rex'ised Rule Obj. Removed 12/16/93 

19A NCAC 2C .0206 - Bridge and Dam Recjuirements for Subdivision Roads RRC Objection 12/16/93 

Agency Repealed Rule Obj. Removed 12/16/93 

19A NCAC 2C .0211 - Street Intersections for Subdi\ision Streets RRC Objection 12/16/93 

Agency Repealed Ride Obj. Removed 12/16/93 

19A NCAC 2C .0213 - Subdivision Name Markers RRC Objection 12/16/93 

Agency Revised Rule Obj. Removed 12/16/93 

19A NCAC 2D .0502 - Ticket Ccmditions RRC Objection 11/18/93 

Agency Rex'ised Rule Obj. Removed 11/18/93 

19A NCAC 2D .0801 - Pre-Qualifying to Bid: Recjualification RRC Objection 09/17/93 

No Respcmse from Agency Obj. Cont'd 10/21/93 

Agency Revised Rule Obj. Removed 11/18/93 

19A NCAC 2D .0802 - Invitation to Bid RRC Objection 09/17/93 

No Response from Agency Obj. Cont'd 10/21/93 

Agency Rexised Rule Obj. Removed 11/18/93 

19A NCAC 2D .0803 - Advertisement and Invitations for Bids RRC Objection 09/17/93 

No Response from Agency Obj. Cont'd 10/21/93 

Agency Re\'ised Rule Obj. Removed 11/18/93 

19A NCAC 2D .0821 - Return of Bid Bond or Bid Deposit RRC Objection 09/17/93 

No Response from Agency Obj. Cont'd 10/21/93 

Agency Re\'ised Rule Obj. Removed 11/18/93 

19A NCAC 2E .0606 - Exceptions to the Policy RRC Objection 11/18/93 

Agency Repealed Rule Obj. Removed 11/18/93 

Division of Motor Vehicles 



19A NCAC 3B .0616 - Approval: Com School: Community College Instructors 

Agency Revised Rule 
19A NCAC 3B .0620 - Grounds for Re\>ocation or Denial of Certification 

Agency Rexised Rule 
19.4 NCAC 3B .0621 - Denial/Rewcation: Company Examiner: Instructor Cert. 

Agency Revised Rule 
19A NCAC 3C .0223 - Registration: Motor Homes: Etc 

Rule Returned to .Agency for Failure to Comply with APA 
19A NCAC 3C .0436 - Highway Use Tax 

Agency Rex'ised Rule 
19A NCAC 3C .0521 - Tctxicab 

Agency Rex'ised Rule 
19A NCAC 3D .0231 - Hearings Pursuant to Articles 12 & 15 cf Chapter 20 

Agency Rexised Rule 
19A NCAC 3D .0515 - Safety Inspection Licensing and Procedures 
19A NCAC 3D .0602 - Collection of Assessments 

Agency Rexised Rule 
19A NCAC 3D .0702 - Informaticm for Manufacturer 

Agency Repealed Rule 
19A NCAC 3D .0823 - Vehicle Registration and Identification Recjuired 

Agency Revised Rule 
19A NCAC 3D .0825 - Reproduction of FornL^ 



RRC Objection 
Obj. Removed 
RRC Objection 
Ohj. Renwved 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Renwved 
RRC Objecticm 
Obj. Removed 
RRC Objecticm 
Obj. Removed 
RRC Objection 



11/18/93 
11/18/93 
11/18/93 
12/16/93 
11/18/93 
12/16/93 

11/18/93 
11/18/93 
12/16/93 
11/18/93 
11/18/93 
12/16/93 
12/16/93 
12/ 16 '93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 



2097 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



RRC OBJECTIONS 



Agency Revised Rule 
19A NCAC 3G .0205 - Issuing of Original Certificate 

Agency Revised Rule 
19A NCAC 31 .0505 - Confidentiality 

Agency Revised Rule 
19A NCAC 3J .0202 - Original Application 

Agency Rex'ised Rule 
19A NCAC 3J . 0604 - Contract Provisions 

Agency Revised Rule 



Obj. 


Removed 


12/16/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


12/16/93 


RRC 


' Objection 


11/18/93 


Obj. 


Removed 


12/16/93 


RRC 


' Objection 


12/16/93 


Obj. 


Removed 


12/16/93 


RRC 


' Objection 


12/16/93 


Obj. 


Removed 


12/16/93 



8:21 NORTH CAROLINA REGISTER February 1, 1994 2098 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Secrion of the Re^isrer lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a ride in the North Carolina Administrative Code. 



10 NCAC 261 .0101 - PURPOSE: SCOPE AND NOTICE OF CHANGE IN LEVEL OF CARE 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0101 void as applied in Dorotlry McNeil Moore v. N. C Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0102 - REQLTST FOR RECONSIDERATION AND RECIPIENT APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0102 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0104 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 



( 



2099 8:21 NORTH CAROLINA REGISTER February 1, 1994 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the niore significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

I MS Express, Inc. v. Administralion, Div of Purchase & Contract 92 DOA 0735 

Stautfer Information Systems v. Community Colleges & Administration 92 DOA 0803 

McLaurin ParkJr^ Co. v. Administration 92 DOA 1662 

Warttn H. Arrington Jr. v. Division of Put\;hase & Contract 93 DOA 0132 

Travel, Incorporated v. Administration 93 DOA 0362 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Morgan 06/04/93 

West 06/10/93 

Morrison 04/02/93 

West 07/21/93 

Nesnow 11/08/93 



1:7 NCR 613 

;:3 NCR 320 



Alcoholic Beverage Control Comm. v. Ann Oldham McDowell 
Curtis Ray Lynch v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Ezra Ever\;tt Rigsbee 
Alcoholic Beverage Control Comm. v. Partnership. Phillip Owen Edward 
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent 



Azzat Aly Amer 
Kirly Ronald Eldri(%;e 
Gloria Black McDuffie 



Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Larry Isacc Hailslock 
Alcoholic Beverage Control Comm. v. Anthoxiy Ralph Cecchini Jr. 
Johnnie L. Baker v. Alcoholic Beverage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Beverage Control Comm. v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi KJialid Wahdan 
Cornelius Hines T/A Eboiiy Lour^e v. Alcoholic Beverage Cll. Comm. 
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr. 
Alcoholic Beverage Control Comm. v. Wanda Lou Ball 
Charles Anthonious Morant v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Billy Hncher McSwain Jr. 
Jean Hoggaid Askew v. Alcoholic Beverage Control Commission 
ABC Comm. v. Partnetship/T/A Corrvthers Comty Ctr & Private Club 
Alcoholic Beverage Control Comm. v. James El\wod Alphin 
Alcoholic Beverage Control Comm. v. James William Campbell 
Alcoholic Beverage Control Comm. v. S)dner Jan Mulder 
Barbara Locklear v. Alcoholic Beverage Control Commissron 
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawks Landing 
Alcoholic Beverage Control Com. v. Thomas Andrew Reid 
Zachary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Mack Ray Chapman 
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Richard Donald James Jr. 
Alcoholic Beverage Control Comm. v. George Oliver O'Neal III 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmii^ton, Inc. 
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission 
Pink Bell v. ABC Commission 
Alcoholic Beverage Control Comm. v. Joseph Adu 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Be\'erage Control Comm. v. Mohammad Salim Pirini 
Linda R. Cunnir^ham v. Alcoholic Beverage Control Commission 
Charles Edwand Hai^, Club Paradise v. Alcoholic Beverage Ctl, Comm. 
Alcoholic Beverage Control Comm. v. Katherine Mary Dufresne 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Beclon 


03/22/93 




92 ABC 1149 


Reilly 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 1483 


Reilly 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Beeton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray 


08/09/93 




93 ABC 0354 


Morgan 


11/10/93 


8:17 NCR 1712 


93 ABC 0395 


West 


09/14/93 




93 ABC 0407 


Beeton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gray 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 043 1 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Beeton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0595 


Morgan 


12/20/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


Weit 


10/11/93 




93 ABC 0616 


West 


10/13/93 




93 ABC 0633 


Morrison 


11/03/93 




93 ABC 0644 


Gray 


08/10/93 




93 ABC 0667 


Reilly 


12/13/93 





8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2100 



CONTESTED CASE DECISIONS 



AGENCY 



Alcoholic Beverage Control Comm. v. JcRime Hill T/A Corner Pocket 
Venus L. Smith v. Alcoholic Be\'erage Control Commission 
Alcohlic Beverage Control Comm. v. Partneiship t/a RJ's Store 
Alcholic Beverage Control Comm. v. Ervin Ray Winstead 
Alcoholic Bev. Control Comm. v. Mild & Wild, Inc., Sheila Scholz 



CASE 
NUMBER 



93 ABC 0672 
93 ABC 0701 
93 ABC 0860 
93 ABC 0890 
93 ABC 1475 



ALJ 



Gray 

Becton 

Mann 

Chess 

Nesnow 



DATE OF 
DECISION 



11/23/93 
12/08/93 
09/29/93 
12/30/93 
03/23/93 



PUBLISHED DECISION 
REGISTER CITATION 



( 



COMMERCE 

Lester Moore v. Weatheriaition Assistance Pixigram 

CRIME CONTROL ANI> PUBLIC SAFETY 

George W. Paylor v. Crime Victims Compensation Comm. 
Steven A. Bamer v. Crime Victims Compensation Comm. 
Anthoriy L. Harl v. Victims Compensation Comm. 
Jennifer Ayere v. Crime Victims Compensation Comm. 
Janie L. Howani v. Crime Victims Compensation Comm. 
Isabelle Hyman v. Cnmc Victims Compensation Comm. 
James G. Pellom v. Crime Control & Public Safety 
Norman E. Brown v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David & Jane Spano v. Crime Contricil & Public Safety 
Phillip EduanJ Moore v. Crime Control & Public Safety 
Norma Jean Purkett v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy w Crime Victims Compensation Commission 
Mark A. McCrimmon v. Crime Victims Compensation Comm. 
Kendall K, Rothrock \. Crime Victims Compensation Comm. 
John Prx^ssley Moore v. Crime Victims Compensation Comm. 

EMPLO^TVIENT SECURITY COMMISSION 

William H. Peace IH \'. Emplc^mem Security Commission 

ENVIRONMENT. HEAI.TH. AND NATURAL RESOURCES 

Charles L. Wilson v. Environment, Health, &. Natural Resources 
J. Bruce Mulligan v. Environment, Health, Sl Nalrual Resources 
Calvin BIythe Davis & George Thomas Davis v. EHR 
Michael D. Barnes v. Onslow Cty Hlth &, Environment and EHR 
William E. Finck v. Environment, Health, &. Natural Resoun;es 
Utley C. Stallir^s v. Environment, Health, & Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. H)de Cty 

Bd/Commissioneis, Hyde Cty Bd/Health, &. Environment, 

Health, & Natural Resources 
Thomas G. McHugh v. DEHNR 

A.J. BallanJ Jr.. Tire &. Oil Co., Inc. v. Env.. Health, & Nat. Res. 
Safeway Remov'al. Inc. v. Environment. Health. &. Natural Res. 
White Oak Chapter of the b^ak Walton League, Inc., and 

National ftirks and Conser\'ation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Southchem, Inc. v. Environment, Health, it NaturaJ Resourcci; 
Elizabeth City/I^squoiank Cty Mun Airport Auth v. EHNR 
W.E. Moulton & Wife. Evelyn Moulton v. Macon County Health Dept. 
Interstate Brands Corp & Donald Leffew v. Env., Health, & Nat. Res. 
Service Oil Company v. Environment, Health. &. Natural Resources 
Interstate Brands Corp &. Donald Leffew v. Env., Health, & Nat. Res. 
Residents of Camm &. Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Environment, Health. & Natural Resourc-es 
Willie M. Watfond v. Hertfond Gates District Health Department 
Standard Speciality Contraciot^, Inc. v. EHNR 



93 COM 0105 Gr^y 



03/08/93 



91 CPS 1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 1195 


Reilly 


03/19/93 




92 CPS 1787 


Reilly 


03/26/93 




92 CPS 1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 




93 CPS 0652 


Becton 


12/20/93 


8:20 NCR 2016 


93 CPS 0821 


West 


12/28/93 




93 CPS 1405 


Morrison 


12/29/93 





91 EEO0536 



Chess 



10/12/93 



91 EHR 0664 


Morgan 


03/23/93 


91 EHR 0773 


West 


07/13/93 


91 EHR 0794 


Morrison 


12/02/93 


91 EHR 0825 


Morgan 


06/21/93 


92 EHR 0040 


Gray 


06/14/93 


92 EHR 0062 


Gray 


03/15/93 


92 EHR 0400 


Gray 


10/15/93 


92 EHR 0742 


Becton 


12/28/93 


92 EHR 0754 


Nesnow 


08/30/93 


92 EHR 0826 


West 


03/12/93 


92 EHR 0881 


West 


09/14/93 


92 EHR 0925 


Chess 


11/08/93 


92 EHR 1140 


Gray 


04/13/93 


92 EHR 1144 


Morgan 


11/15/93 


92 EHR 1201*" 


Reilly 


08/12/93 


92 EHR 1205 


Reilly 


05/27/93 


92 EHR 1224*" 


Reilly 


08/12/93 


92 EHR 1462 


Morrison 


08/25/93 


92 EHR 1472 


Momson 


04/22/93 


92 EHR 1600 


Chess 


03/24/93 


92 EHR 1660 


Reilly 


05/21/93 



8:19 NCR 1914 



8:1 NCR 83 



( 



* Consolidated cases 



2101 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Shawqi A. Jaber v. Environment, Health, &, Natural Resoun:es 

McLeod Leather & Belting Co., Inc. v. Env., Health, & Natural Res. 

Angela Power, Albert Power v. Children's Special Health Svcs. 

Rayco Utilities, Inc. v. Environment, Health, & Natural Resources 

Erby Lamar Grainger v. Environment. Health, & Natural Resourees 

Mustafa E. Essa v. Environment, Health, &. Natural Resources 

A.J. Holt V. Public Water Supply Section. Div. of Environmental Health 

Charlie Garfield McPherson Swine Farm v. Env.. Health. &. Nat. Res. 

Keith Cutler, Kalhryn Cutler v. Em'ironment, Health, &. Natural Res. 

Rosetla Brimi^e, Vanessa Pack v. Env. Health of Craven County 

R.L. Stowe Mills, Inc. v. Environment, Health, &. Natural Resources 

O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept. 

Patricia Y. Marshall v. Montgomery Cty Health Dept. &. EHR 

Fred M- Grooms v. Environment. Health. & Natural Resources 

Bobty Anderson v. Environment, Health, & Natural Resources 

Shell Bros. Dist., Inc. v. Environment, Health, & Natural Resources 

Fr^ C. Gosnell & wife. Patricia T. Gosnell v. Env.. Health. &. Nat. Res. 

Holding Bros., Inc. v. Em'ironment, Health, &. Natural Resourc^es 

Tony Tomson. Diane Clase & William J. Stevenson v. EHR 

Tony Tomson. Diane Clase &. William J. Stevenson v. EHR 

Hamilton Beach/Proctor-Silex, Inc. v. En\irTonment, Health, &. Natri Res 

Tim Whitfield v. Environment, Health, & Natural Resourc^es 

Tony Worrell v. Environment, Health. &. Natural Resources 

L. Terry Fnjqua v. Environment. Health. &. Natural Resources 

Seth B. Gaskill Jr. v. N.C. Coastal Resour\;es Commission 

Richard L. Goodman v. Environment. Health, &. Natural Resources 

Monroe Gaskill v. DEHNR-Div. of Coastal Management 

Lanriy Clifton, Southwind Dev. , Co. v. Div. of En\'ironmental Mgmt. 

Blue Ridge Env. Defense League. Inc. v. Env., Health, &. Natrl Res 

Charles Watson v. DEHNR 

Heatcraft Inc. v. Environment, Health, &, Natural Resources 



CASE 




DATE OF 


^fUMBER 


AU 


DECISION 


92 EHR 1784 


Becton 


07/07/93 


93 EHR 0003 


Morgan 


10/11/93 


93 EHR 0008 


Becton 


03/24/93 


93 EHR 0063 


Morrison 


09/17/93 


93 EHR 0071 


RciUy 


06/21/93 


93 EHR 0146 


Gray 


03/29/93 


93 EHR 0168 


West 


10/25/93 


93 EHR 0181 


Reilly 


07/23/93 


93 EHR 0185 


Morrison 


10/20/93 


93 EHR 0206 


Nesnow 


05/20/93 


93 EHR 0219 


Morrison 


08/11/93 


93 EHR 0224 


Gray 


06/07/93 


93 EHR 0252 


Gray 


10/22/93 


93 EHR 0276 


West 


08/27/93 


93 EHR 0299 


Reilly 


06/07/93 


93 EHR 0308 


Becton 


05/18/93 


93 EHR 0340 


Becton 


08/11/93 


93 EHR 0380 


Nesnow 


08/03/93 


93 EHR 0466*'= 


Reilly 


11/30/93 


93 EHR 0467*'= 


Reilly 


11/30/93 


93 EHR 0477 


Reilly 


06/29/93 


93 EHR 0520 


Gray 


12/16/93 


93 EHR 0587 


Morgan 


11/08/93 


93 EHR 0624 


Reilly 


11/08/93 


93 EHR 0635 


Nesnow 


11/18/93 


93 EHR 0783 


Reilly 


11/24/93 


93 EHR 0802 


Chess 


10/13/93 


93 EHR 0848 


Becton 


10/20/93 


93 EHR 0862 


Nesnow 


10/11/93 


93 EHR 0981 


West 


12/20/93 


93 EHR 1021 


Morrison 


12/20/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:15 NCR 1503 



8:10 NCR 870 



8:11 NCR 996 



8:12 NCR 1176 



8:11 NCR 1001 



HUMAN RELATIONS COMMISSION 

Human Relations Comm. on behalf of Tyrone Clark V. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 8:13 NCR 1287 

Huinan Relations Comm. on behalf of Marsha Crisco v. Hayden Momson 93 HRC 0167 Reilly 08/18/93 8:12 NCR 1 168 

HUMAN RESOURCES 



O.C. Williams v. Human Resources 

Ronald Terry Brown v. Human Resources 

Dennis K. King v. Human Resources 

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources 

Raymond L. Griffin v. Human Resources 

O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Randy Chambliss v. Human Resources 

Melvin White \'. Human Resources 

Joseph R. Kavaliauskas Jr v. Human Resources 

Larry D. Bc^d v. Human Resources 

Jefferson D. Bcylen v. Human Resources 

Jeffery D. Williams v. Human Resources 

Jerry L. Summers v. Human Resources 

Samuel E. Massenber^ Jr \'. Human Resources 

William A. Di.xon v. Human Resources 

Gregory L. Washington v. Human Resources 

Edwin Clarke v. Human Resources 

Dwayne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie F. Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton v. Human Resources 

Eugene Johnson v. Human Resources 

EdwanJ E. Brandon v. Human Resources 

James Sisk Jr v. Human Resources 

Thomas M. BinJwell IE v. Human Resources 

Darrell W Russell \'. Human Resources 

John Henry ByrrJ \'. Human Resources 



91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 
91 CSE 

91 CSE 

92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 
92 CSE 



0036*- 

0249 

1122 

1131 

1148 

1158*= 

1173 

1187 

1192 

1204 

1214 

1217 

1231 

1234 

1249 

1277 

0075 

0129 

0196 

0268 

1182 

1217 

1221 

1229 

1237 

1238 

1240 

1249 

1250 



Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morgan 

Morrison 

Morgan 

Morgan 

Morgan 

Nesnow 

Reilly 

Gray 

Reilly 

Nesnow 

Gray 

Reilly 

Reilly 

Becton 

Reilly 



03/30/93 
05/17/93 
07/28/93 
08/24/93 
08/24/93 
03/30/93 
05/17/93 
04/28/93 
05/17/93 
07/29/93 
08/24/93 
05/17/93 
04/28/93 
07/28/93 
05/17/93 
03/04/93 
04/01/93 
05/17/93 
03/31/93 
03/30/93 
07/22/93 
06/17/93 
07/27/93 
11/16/93 
04/16/93 
11/17/93 
12/09/93 
04/20/93 
06/04/93 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2102 



CONTESTED CASE DECISIONS 



AGENCY 



Aaron James Alford v. Human Resources 
Michelle D. Mohley v. Human Resources 
Gus W. Long Jr. v. Human Resources 
Robert E. Watson v. Human Resources 
Connell R. Goodson v. Human Resources 
byron Christopher Williams v. Human Resources 
Elijah G. Deanes v. Human Resources 
James W. Bel! v. Human Resources 
Charles W Stall Jr. v. Human Resources 
William A. Wilson HI v. Human Resources 
Eric Stanlf^ Stokes v. Human Resources 
Clayton L. Littleton v. Human Resources 
Frank E. Johnson v. Human Resources 
David Rollins v. Human Resources 
Willie Sam Brown v. Human Resources 
Lyndell Greene v. Human Resources 
Charles Swann v. Human Resources 
Joe B. Reece v. Human Resources 
Michael Anthony Dean v. Human Resources 
Gregory W. Alford v. Human Resources 
Leroy Snug|s v. Human Resources 
James P. Miller HI v. Human Resources 
Herbert H. Fordham v. Human Resources 
Jack Dulq v. Human Resources 
Jesse B. Williams v. Human Resources 
Johnny Victor Debity v. Human Resources 
Larry L. Crouder v. Human Resources 
Carlos Bernard Davis v. Human Resources 
Ocie C. Williams v. Human Resources 
Terrance Freeman v. Human Resources 
FHcyd Excell Stafford v. Human Resources 
Timothy Brian EUer v. Human Resources 
Charles S. Ferrer v. Human Resources 
Ronald H. Lockl^ v. Human Resources 
Rene Thomas Rittenhouse v. Human Resources 
Thomas Edward Williamson v. Human Resources 
Roy Chester Robinson v. Human Resources 
Lynwood McClinton v. Human Resources 
Timothy Scott Long v. Human Resources 
Kenneth Lamar Massey v. Human Resources 
David W. Williams v. Human Resources 
William E. Ingram v. Human Resources 
Harold R. Pledger v. Human Resources 
Kenneth Wayne Wiggins v. Human Resources 
Carl Beard v. Human Resources 
Henry Alston Jr. v. Human Resources 
Gary Lewis Doster v. Human Resources 
Raymond L. Head v. Human Resources 
Mark R. Charles v. Human Resources 
Michael W. Bentley v. Human Resources 
Robert D. Knoll Jr. v. Human Resources 
Dale Robert Stuhrc v. Human Resources 
James T Carter Jr. v. Human Resources 
Tommy Malone v. Human Resources 
James C. Dixon Jr. v. Human Resources 
Timotlty R. Currence v. Human Resources 
Wardell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Thomas L. Yates v. Human Resources 
Cleamce R^ Taylor v. Human Resources 
Robert E. Tarlton Sr. v- Human Resources 
Rodney Devard Clemons v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo F Skapple v. Human Resources 
Terrial W, Mayberry v. Human Resources 
Jeffrey L. Garrett v. Human Resources 



CASE 




DATE OF 


NTJMBER 


AI.J 


DECISION 


92 CSE 


1253 


Bee ton 


12/06/93 


92 CSE 


1256 


Nesnow 


04/15/93 


92 CSE 


1263 


Gray 


08/16/93 


92 CSE 


1265 


Reilly 


05/06/93 


92 CSE 


1267 


Gray 


12/07/93 


92 CSE 


1270 


Nesnow 


04/26/93 


92 CSE 


1273 


Nesnow 


11/17/93 


92 CSE 


1311 


Nesnow 


05/10/93 


92 CSE 1313 


Mann 


07/06/93 


92 CSE 


1315 


Reilly 


12/07/93 


92 CSE 1316*' 


Reilly 


03/25/93 


92 CSE 


1317 


Morrison 


09/02/93 


92 CSE 


1326 


Reilly 


08/16/93 


92 CSE 


1334 


Morrison 


05/06/93 


92 CSE 


1338 


Morrison 


09/15/93 


92 CSE 


1346 


Nesnow 


04/16/93 


92 CSE 


1347 


West 


09/16/93 


92 CSE 


1355 


Mann 


10/12/93 


92 CSE 


1356 


Morrison 


08/13/93 


92 CSE 


1358 


Gray 


10/18/93 


92 CSE 1360 


Morrison 


04/15/93 


92 CSE 


1361 


Gray 


04/16/93 


92 CSE 


1362 


Nesnow 


07/19/93 


92 CSE 


1374 


Gray 


07/16/93 


92 CSE 


1389 


Nesnow 


10/12/93 


92 CSE 


1393 


Mann 


11/15/93 


92 CSE 


1396 


Reilly 


04/15/93 


92 CSE 


1404 


Reilly 


04/15/93 


92 CSE 


1405 


Mann 


06/25/93 


92 CSE 


1411 


Mann 


06/07/93 


92 CSE 


1412 


Reilly 


08/31/93 


92 CSE 


1414 


Reilly 


04/20/93 


92 CSE 


1416 


Mann 


04/15/93 


92 CSE 


1418 


Nesnow 


04/20/93 


92 CSE 


1421 


Nesnow 


04/20/93 


92 CSE 


1422 


Reilly 


04/20/93 


92 CSE 


1423 


Reilly 


04/15/93 


92 CSE 


1424 


Reilly 


09/15/93 


92 CSE 


1445 


Becton 


06/29/93 


92 CSE 


1447 


Reilly 


12/07/93 


92 CSE 


1448 


Nesnow 


07/19/93 


92 CSE 


1450 


Reilly 


04/15/93 


92 CSE 


1455 


Morrison 


05/20/93 


92 CSE 


1458 


Gray 


12/13/93 


92 CSE 


1459 


Reilly 


09/08/93 


92 CSE 


1460 


Becton 


06/29/93 


92 CSE 


1461 


Morrison 


10/21/93 


92 CSE 


1510 


Mann 


11/18/93 


92 CSE 


1511 


Becton 


11/17/93 


92 CSE 


1512 


Nesnow 


06/09/93 


92 CSE 


1515 


Nesnow 


11/17/93 


92 CSE 


1516 


Reilly 


05/11/93 


92 CSE 


1517 


Mann 


08/31/93 


92 CSE 


1520 


Mann 


05/07/93 


92 CSE 


1522 


Becton 


05/11/93 


92 CSE 


1523 


Reilly 


09/09/93 


92 CSE 


1524 


Reilly 


10/12/93 


92 CSE 


1527 


Reilly 


05/11/93 


92 CSE 


1531 


Morrison 


05/12/93 


92 CSE 


1535 


Gray 


05/10/93 


92 CSE 1538 


Morrison 


11/18/93 


92 CSE 


1536 


Gray 


05/17/93 


92 CSE 


1539 


Gray 


05/10/93 


92 CSE 


1540 


Reilly 


05/11/93 


92 CSE 


1541 


Reilly 


09/08/93 


92 CSE 


1545 


Gray 


04/26/93 


92 CSE 


1546 


Reilly 


10/12/93 


92 CSE 


1557 


Gniv 


04/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



2103 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AL,I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Ed\\and Kirk v. Human Resources 
William C. Huhbaid v. Human Resources 
William Michael Przytysz v. Human Resources 
Kevin Keith Witmorc v. Human Resources 
George A. Rinell v. Human Resources 
Edward Fitch v. Human Resources 
David Robinette v. Human Resources 
Harvey H. Boyd v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. Gilmorc v. Human Resources 
Philip S. Piercy v. Human Resources 
Anthony McLaughlin v. Human Resources 
Johni^ W. Cooke v. Human Resources 
Roland L. Essaff v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. Ray v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resoua'es 
Derrick Carter v. Human Resources 
Charles Wayne Pierce v. Human Resources 
Gregory L. Vemcy v. Human Resources 
Donna G. Knotts v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clybum v. Human Resources 
Henry L. Taylor v. Human Resources 
Tony Thoqpe v. Human Resources 
JefFery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Rawn Weigel v. Human Resources 
Anthony Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W. Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 
Rilton E. May v. Human Resources 
Milton Kendricks v. Human Resources 
Joe K. Martin v. Human Resources 
Eric Stanley Stokes v. Human Resources 
Erskin J. Thompson v. Human Resources 
Larry Thompson v. Human Resources 
Billie J. Smith v. Human Resources 
Patrick Floyd v. Human Resources 
James Eric Frost v. Human Resources 
Dennis W. Nolan v. Human Resources 
Eric L. Garland v. Human Resources 
I'^ Alston Jr. v. Human Resources 
Elvis Bemaid Telfair v. Human Resources 
Ronald G Bolden v. Human Resources 
Rodney H. Allen, MD v. Human Resources 
Donnell E. Byid v. Human Resources 
Marvin HoUey v. Human Resources 
Eddie Short v. Human Resources 
Michael Tywgn Marsh v. Human Resources 
Leroy Jones v. Human Resources 
Antonio M. Townsend v. Human Resources 
Kevin J. Close v. Human Resources 
Norman Gatewood v. Human Resources 
Thadius Bonapart v. Human Resources 
Ronald Norman v. Human Resources 
Joseph Eric Lewis v. Human Resources 
Ronald Dean Lowery v. Human Resources 
Tamera S. Hatfield v. Human Resources 
Michael Wayne Bryant v. Human Resources 
James E. Blakney v. Human Resources 



92 CSE 1560 
92 CSE 1562 
92 CSE 1565 
92 CSE 1566 
92 CSE 1569 
92 CSE 1572 
92 CSE 1573 
92 CSE 1574 
92 CSE 1575 
92 CSE 1576 
92 CSE 1577 
92 CSE 1582 
92 CSE 1585 
92 CSE 1588 
92 CSE 1589 
92 CSE 1592 
92 CSE 1593 
92 CSE 1594 
92 CSE 1595 
92 CSE 1596 
92 CSE 1610 
92 CSE 1611 
92 CSE 1618 
92 CSE 1622 
92 CSE 1623 
92 CSE 1624 
92 CSE 1625 
92 CSE 1626 
92 CSE 1627 
92 CSE 1629 
92 CSE 1630 
92 CSE 1631 
92 CSE 1632 
92 CSE 1633 
92 CSE 1637 
92 CSE 1638 
92 CSE 1639 
92 CSE 1640 
92 CSE 1642 
92 CSE 1647 
92 CSE 1650 
92 CSE 1652*' 
92 CSE 1653 
92 CSE 1655 
92 CSE 1656 
92 CSE 1663 
92 CSE 1669 
92 CSE 1670 
92 CSE 1671 
92 CSE 1703 
92 CSE 1704 
92 CSE 1706 
92 CSE 1707 
92 CSE 1712 
92 CSE 1713 
92 CSE 1714 
92 CSE 1716 
92 CSE 1718 
92 CSE 1721 
92 CSE 1727 
92 CSE 1728 
92 CSE 1740 
92 CSE 1746 
92 CSE 1748 
92 CSE 1771 
92 CSE 1772 
92 CSE 1773 
92 CSE 1779 



Gray 

Mann 

Bee ton 

Reilly 

Gray 

Reilly 

Mann 

Reilly 

Gray 

Gray 

Gray 

Gray 

Becton 

Morrison 

Reilly 

Mann 

Mann 

Reilly 

Gray 

Morrison 

Gray 

Morrison 

Chess 

Nesnow 

Morrison 

Mann 

Chess 

Mann 

Reilly 

Reilly 

Mann 

Reilly 

Mann 

Reilly 

Nesnow 

Reilly 

Gray 

Mann 

Morgan 

Gray 

Reilly 

Reilly 

Gray 

Reilly 

Gray 

Reilly 

Mann 

Morrison 

Mann 

Becton 

Reilly 

Mann 

Morrison 

Chess 

Mann 

West 

Gray 

Gray 

Chess 

Chess 

Chess 

Chess 

Chess 

Becton 

West 

Chess 

Chess 

Nesnow 



06/29/93 
05/12/93 
07/23/93 
11/01/93 
12/09/93 
05/11/93 
07/14/93 
12/09/93 
07/16/93 
04/26/93 
07/16/93 
06/29/93 
05/11/93 
07/26/93 
04/26/93 
05/19/93 
10/13/93 
11/01/93 
11/17/93 
07/14/93 
11/09/93 
07/16/93 
10/12/93 
08/04/93 
05/20/93 
09/15/93 
07/15/93 
05/19/93 
07/19/93 
03/25/93 
11/18/93 
03/25/93 
08/10/93 
03/25/93 
05/19/93 
07/15/93 
10/19/93 
07/22/93 
07/29/93 
12/07/93 
09/10/93 
03/25/93 
11/17/93 
07/22/93 
07/23/93 
05/20/93 
11/18/93 
06/25/93 
07/22/93 
06/16/93 
09/15/93 
06/25/93 
11/18/93 
10/22/93 
06/08/93 
07/15/93 
06/17/93 
06/17/93 
08/30/93 
08/30/93 
10/22/93 
09/21/93 
10/14/93 
08/02/93 
07/15/93 
08/30/93 
10/22/93 
05/13/93 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2104 



CONTESTED CASE DECISIONS 



AGENCY 



E. Burt Davis Jr, v. Human Resources 

Nelson Fowler Jr. v. Human Resources 

Oswinn Blue v. Human Resources 

Charles E. WTiileley v. Human Resources 

Kelvin D. Jackson v. Human Resources 

Linwood Stalon \'. Human Resources 

Anthony Watson v. Human Resources 

Eugene Polk \. Human Resources 

Sieve R. Tallenl v. Human Resources 

Charles A. Morgan v. Human Resources 

Glenda K. Hollifield v. Human Resources 

Quinlon Brickhouse v. Human Resources 

Kenneth W. Williams v. Human Resources 

Charles Thompson Jr. v. Human Resources 

Barbara W. Catletl v. Human Resources 

Laurel Langfond v. Human Resources 

Ida Diane Da\is v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen Mullins Martin v. Human Resources 

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources 

Leon Barbee v. Human Resources 

Carrolton o( Dunn. Inc. v. Human Resources 

Dlalvsis Care of North Carolina. Inc.. d/b/a Dialysis Care of 
Cumberland County v. Human Resources. Division of Facility 
Ser\'ices, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a p-ayette\'ille Kidney Center, 
Webb-Lohaichan-Melttn Rentals. Bio-Medical Applications 
of North Carolina. Inc.. d/b/a BMA of Raeford and Webb- 
Loha^'ichan Rentals 

Dialysis Care of North Carolina. Inc., d/b/a Dial^Ksis Care of 
Cumberland County v. Human Resourc^es, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Loha."ichan-Mellon Rentals, Bio-Medical Applications 
of North Carolina. Inc.. d/b/a BMA d Raeford and Webb- 
Loha^'ichan Rentals 

Bio-Medical Applications of North Carolina, Inc.. d/b/a BMA 
of Raefoid. Webb-Loha'ichan-Melton Rentals. Bio-Medical 
Applications of North Carolina, Inc.. d/b/a BMA of F^etteville 
d/b/a Fayetteville Kidni^ Center and Webb-Lohaichan Rentals 
V. Human Resources. Division of Facility Ser\'ices, Certificate of 
Need Section and Dialysis Care of North Carolina. Inc.. d/b/a 
Dialysis Car^ of Hoke County 

Renal Cart of Rocky Mount. Inc. v. Human Resources. Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Tarboro, 
Rocky Mount Nephrology Associates, Inc., Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidne:^' Center, and Rocky Mount Kidney Center 
Associates 

James H. Hunt Jr. v. Division of Medical Assistance 

Barbara Jones v. Human Resources 

Joyce R Vvllliams v. Human Resources 

SnoojA Day Care. Diane Hamhv v. Child Day Care Licensirg 

Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsev' v. NC Memorial Hospital Betty Hulton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutlon. Volunteer Svc. 

Beny^ Butler V. Human Resources 

Wayne Sanders and Brenda Sanders v. Human Resources 

Britthaen, Inc. v. Human Resources & Valdese Nursing Home, Inc. 

Samuel Benson v. Office of Admin. Heanr^s for Medicaid 

James W. McCall, Alice V. McCall v. Human Resources 

Vemice Whisnani v. Human Resources 

Nell BpDoks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs 

Cabarrus Cty Depl. of Social Svcs. v. Human Resources 

Hannah F Tonkcl v. Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL.( 


DECISION 


REGISTER CITATION 


92 CSE 1780 


Gray 


11/17/93 




93 CSE 0050 


Chess 


10/18/93 




93 CSE 0073 


Chess 


08/03/93 




93 CSE 0183 


Becton 


11/10/93 




93 CSE 0221 


West 


08/04/93 




93 CSE 0250 


Nesnow 


08/13/93 




93 CSE 0396 


Nesnow 


08/04/93 




93 CSE 0437 


Chess 


08/11/93 




93 CSE 0448 


West 


10/29/93 




93 CSE 0518 


West 


11/09/93 




93 CSE 0545 


West 


10/11/93 




93 CSE 0576 


Gray 


11/17/93 




93 CSE 0590 


Reilly 


10/18/93 




93 CSE 0696 


Moirison 


09/23/93 




92 DCS 0577 


West 


03/15/93 




92 DCS 1181 


Gray 


05/04/93 


8:5 NCR 441 


92 DCS 1200 


Gray 


03/29/93 




92 DCS 1271 


Reilly 


05/05/93 




92 DCS 1783 


West 


08/04/93 




92 DHR 0608 


Chess 


08/27/93 




92 DHR 0658 


Morrison 


04/30/93 


8:4 NCR 392 


92 DHR 1101 


Morgan 


07/26/93 




92 DHR 1109* 


Morgan 


06/22/93 


8:8 NCR 687 



92 DHR 1110** Morgan 06/22/93 



92 DHR 1116** Morgan 06/22/93 



92 DHR 1120 Gray 



06/18/93 



8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



92 DHR 


1145 


Becton 


05/13/93 


8:5 NCR 443 


92 DHR 


1192 


Nesnou' 


04/02/93 


8:3 NCR 313 


92 DHR 


1275 


Gray 


03/15/93 




92 DHR 


1320 


Morgan 


05/21/93 




92 DHR 


1329 


Chess 


05/10/93 




92 DHR 


1375 


Chess 


08/02/93 




92 DHR 


1604 


Reilly 


05/10/93 




92 DHR 


1612 


Chess 


03/08/93 




92 DHR 


1613 


Chess 


03/08/93 




92 DHR 


1614 


Chess 


03/09/93 




92 DHR 


1699 


Reilly 


06/07/93 


8:7 NCR 632 


92 DHR 


1785 


Gray 


09/17/93 




93 DHR 0010 


Becton 


03/11/93 




93 DHR 0102 


Morgan 


10/05/93 




93 DHR 0332 


Morgan 


09/23/93 




93 DHR 0343 


Becton 


11/29/93 


8:18 NCR 183: 


93 DHR 0373 


Morgan 


07/20/93 




93 DHR 0378 


Nesnow 


09/10/93 





2105 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Fannie Lewis v. Human Resources 

Human Resources, Div. of Child Development v. Susan Amato 

Katie Kelly v. Human Resources 

Jessie Campbell &. Hazel Campbell v. Human Resources 

A.C.. by & through her agent & pereonal rep. Hank Neal v. Human Res. 

Venola Hall, Agape Day Care v. Human Resources 

Warren Cty NC Lucious Hawkins v. Human Resources, C. Robin Britt 

Christopher Durrcr, Wilson Memorial Hospital v. Human Resources 

Mary McDuffie v. Human Resources Child Development 

Darryl A. Richaidson v. Human Resources 

Home Health Prof., Barbara P. Bradsher. Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 

Thomas M. Moss v. Human Resources 

Rosa Wall v. Nurce Aide Registry, Charge of Abuse 

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 

Mattie and Johnny Smith v. Lenoir County Department of Social Services 



CASE 




DATE OF 


NUMBER 


AI4 


DECISION 


93 DHR 0379 


Gray 


06/28/93 


93DHR 0418 


Morgan 


08/26/93 


93 DHR 0441 


Chess 


07/26/93 


93 DHR 0521 


Beclon 


01/13/94 


93 DHR 0529 


Nesnow 


12/06/93 


93 DHR 0535 


Mann 


10/22/93 


93 DHR 0540 


Gray 


12/06/93 


93 DHR 0566 


Chess 


09/17/93 


93 DHR 0651 


Becton 


09/10/93 


93 DHR 0679 


Bccton 


09/30/93 


93 DHR 0737 


Chess 


09/23/93 


93 DHR 0782 


Nesnow 


09/09/93 


93 DHR 0864 


Chess 


11/05/93 


93 DHR 0881 


West 


12/15/93 


93 DHR 0922 


Nesnow 


11/08/93 


93 DHR 1176 


Morrison 


12/29/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:19 NCR 1926 



INSURANCE 



Carolyn M. Hair v. St Emplcyees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd , /Trustees// 
St. of N.C. Teachers' & St. Emp. Comp. Major Medical Plan, and 
David G. Devries. as Exec. Admin, of the N.C. Teachers" & St. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan 
Jarmaine Knight v. Ms. Shirl<^ H. Williams, Insurance 



92 INS 1464 
92 INS 1791 



93 INS 0197 
93 INS 1056 



Chess 03/10/93 

Reilly 08/19/93 



Nesnow 
West 



07/29/93 
12/01/93 



JUSTICE 



Philip B. Cates v. Justice, Attomi^ General's Office 

Donald Willaid Johnson v. Criminal Justice Ed. & Trainir^ Stds. Comm. 

Jennir^s Michael Boslic v. Sheriffs' Ed. &. Traning Stds. Comm. 

Colin Carlisle Mayers v. Sheriffs' Ed. & Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Tranir^ Stds. Comm. 

Michael Charles Kershner v. Criminal Justice Ed &. Training Stds Comm 

George Wilton Hawkins v. Criminal Justice Ed. &, Training Stds. Comm. 

Marilyn Jean Britt v. Criminal Justice Ed. & Trainir^ Slds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. & Trainir^ Slds. Comm. 

Richard Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm. 

Sherri Ferguson Revis v. Sheriffs' Ed. & Training Slds. Comm. 

Mark Thomas v. Sheriffs' Ed. & Trainir^ Standards Commission 

George Wilton Hawkins v. Sheriffs' Ed. & Training Stds. Comm. 

Noel B. Rice v. Criminal Justice Ed. & Trainir^ Standards Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. & Trainii^ Standards Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither 

Rebecca W. Stevenson v. Criminal Justice Ed. &. Training Stds. Comm. 

Lloyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm 

William B. Lipscomb v. Private Protective Services Board 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 

William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm. 

Karl L. Halsey Sr. v. Criminal Justice Ed. &. Training Stds. Comm. 

Charles Freeman v. Sheriffs' Ed. & Training Stds. Comm. 

Shayne K. MacKinnon v. Sheriffs' Ed. & Training Stds. Comm. 

Carl Michael O'Byrne v. Alarm Systems Licensing Boaid 

Gary D. Cunningham v. Private Protective Services Board 

Private Protective Services Board v. Michael A. McDonald 

Levon Braswell v. Private Protective Services Board 

Thomas H. Groton v. Sheriffs' Ed. & Training Stds. Comm. 

Dale Alvin Flcyd v. Private Protective Services Board 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0420 


West 


11/05/93 


8:17 NCR 1705 


92 DOJ 0656*' 


West 


06/22/93 




92 DOJ 0761 


Morrison 


05/10/93 




92 DOJ 0829*' 


West 


06/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1756 


Gray 


03/23/93 




93 DOJ 0151 


West 


04/21/93 




93 DOJ 0156*' 


Morgan 


07/09/93 




93 DOJ 0174 


Morrison 


12/13/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Becton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 




93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0625 


Gray 


12/01/93 




93 DOJ 0685 


Nesnow 


12/06/93 




93 DOJ 0686 


Nesnow 


12/16/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 


93 DOJ 0845 


Reilly 


12/22/93 




93 DOJ 0975 


Gray 


11/29/93 




93 DOJ 1003 


Morrison 


12/29/93 


8:20 NCR 2020 


93 DOJ 1 1 16 


Becton 


01/06/94 




93 DOJ 1472 


Morrison 


12/30/93 





LABOR 



Greensboro Golf Center, Inc. v. Labor 

Ronald Dennis Hunt v. Labor 

Jeffrey M. McKinni^ v. Labor 

Pastor Larry C. Taylor Warsaw Chuich of God v. Labor 



92 DOL 0204 
92 DOL 1319 

92 DOL 1333 

93 DOL 0961 



Nesnow 04/15/93 

Morgan 06/17/93 

Morrison 06/21/93 

West 11/16/93 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2106 



CONTESTED CASE DECISIONS 



AGENCY 

MORTUARY SCIENCE 

Boaid of Monuan Science \'. Triangle Funeral Chapel. Inc. 

PUBLIC INSTRUCTION 

Arnold O. Herring %'. Public Instruction 

Frances F. Da\-is. Parent of Joseph E. Davis v. Public Instruction 

Donna Marie SD>'der \'. Public Instruction 

Virginia Willought^ v. Cra\en County Board of Education 



CASE 
NUMBER 



92BMS 1169 



AU 



Reilly 



DATE OF 
DECISION 



04/29/93 



91 EDC0858 


Becion 


10''20/93 


93 EDC 0628 


Mann 


07/29/93 


93EDC0731 


Nesnow 


09/16/93 


93 EDC 1143 


Mann 


12/17/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:4 NCR 396 



( 



8:20 NCR 2022 



STATE PERSONNEL 

Frances K. Pate v. Transportation 

Laurence D. Wilkie, Jerr>' R. E\-ans. Jules R. Hancart. 

James H. Johnson. James D. Fishel v. Justice 
Lawrence D \ViLkie, Jern. R. E\'ans. Jules R. Hancart. 

James H. Johnson. James D. Hshel v. Justice 
Lawrence D. Wilkie, Jem R- E\'ans, Jules R. Hancart, 

James H. Johnson. James D. Fishel v. Justice 
Lawrence D. Wilkie, Jern. R. E%-ajis, Jules R. Hancart. 

James H. Johnson. James D. Hshel v. Justice 
Lawrence D. Wilkie, Jern R. E\-ans. Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNO Greensboro. Office of Human Res. 
Bernie B. KelUy v. Correction 

William H- Peace lU v. Emplcvment Security Commission 
Brcnda G. Mitchell v. Correction 
Walton NL Pitt man v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, TransporBlion 
Clarion Brewer v. North Carolina State L'niversit>- 
Sherman D^e v. TransporQlion 
Donnie NL ^liite v. Correction 

Gregor^' Samuel Parker v. Emironment. Health. &. Natural Resounres 
Renee E. Shepherd v. Winston-Salem Stale Universit\- 
E\"a Docker.- v. Human Resources 

Lee P. CrosK" v. Michael Kelh. William Meyer and EHR 
WUiam Marshall Bc^"d Jr. v. Count>' Commissioners of Hwle &. 

Certain Boaid of Health Members 
Grcgor. Samuel Parker v. Emironment. Health. &. Natural Resources 
Willie Gramille Baile\ v. Winston- Salem State LIniveisity 
Mattie W, Smith v. State Agriculiuial and Technical University 
Julia Spinks v. En\ironmenl. Health. &. Natural Resources 
James B. Price v. Transportation 
I. Gary Naiiling v. UNC-CH 
Debor^ Barber v. Correction 
Laveme B. Hill v. TransporBlion 
Timm) D. NMlkins \\ Transportation 

Sarah W Britt v. Human Resources, C.A. Dillon School. GPS 
Charles Robinson v. Resenue 

Anna L. Spencer v. Mecklenburg County Area Mental Health 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Roimje H. Mozingo v. Correction 
Giinda C. Smith v. Wildlife Resources Commission 
Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr. v. Broughlon Hospital iHuman Resources) 
Larry O. Nobles v. Human Resources 

Beatrice \Mieless v. Lise NL Nlillet; University I^roll Off.. NC St. Univ. 
Trace>- Hall v. N.C. Central U. Off. of Scholarship &l Student Aid 
Sondra Williams v. Winsion-Salem Stale University' 
Willie Thomas Hope \\ TransporBlion 
Da\id Scales v. Corrcclion 

Suzanne Ransle\- Hill v. Err.irormienl. Health. & Nat. Res. 
Herman James Goldstein v. UNC-Chapel Hill el al. 
Charles NL Blackuelder v. Correction 
Beatrice Wheless v. Lise NL Nliller. University Pavroll Off . NC St. Univ. 



88 OS? 0340 


Morrison 


05 '03 '93 




90 OSP 1064*' 


Mann 


05/04/93 




90OSP 1065*= 


Mann 


05/04/93 




90 OSP 1066*= 


Mann 


05'04'93 




90 OSP 1067*' 


Mann 


05/04/93 




90 OSP 1068*' 


Mann 


05/04/93 




91 OSP 0011 


Morgan 


10/05/93 


8:15 NCR 1498 


91 OSP 0305 


Chess 


10/19/93 




91 OSP 0344 


Moirison 


05/27/93 




91 OSP 0572 


Chess 


10/12/93 




91 OSP 0625 


West 


03/08/93 


8:1 NCR 75 


91 OSP 0805 


Morgan 


10/06/93 




91 OSP 0860 


Chess 


07/19/93 




91 OSP 0941 


West 


04/02/93 


8:3 NCR 306 


91 OSP 0951 


West 


05/07/93 




91 OSP 1236 


Morgan 


04/05/93 




91 OSP 1344*' 


Chess 


05/20/93 




91 OSP 1391 


Morgan 


04/28/93 




92 OSP 0010 


Chess 


05/03/93 




92 OSP 0056 


Gra\" 


06/07/93 




92 OSP 0090 


Gray- 


08/25/93 




92 OSPOISS*' 


Chess 


05/20/93 




92 OSP 0285 


Morrison 


03/10/93 




92 OSP 0298*^- 


Reilly 


09/14/93 




92 OSP 0313 


Becton 


04/12/93 


8:4 NCR 382 


92 OSP 0375 


Gray 


04/13/93 




92 OSP 0394 


Becton 


04/20/93 




92 OSP 0396 


Chess 


03/04/93 




92 OSP 043 1*' 


West 


03/08/93 




92 OSP 0432*^ 


West 


03/08/93 




92 OSP 0455 


V.'est 


05/26/93 


8:6 NCR 484 


92 OSP 0553 


Morgan 


07/21/93 




92 OSP 0584 


Becton 


08/16/93 




92 OSP 0634 


Moirison 


05/04/93 




92 OSP 0644 


Mann 


10/11/93 




92 OSP 0653 


Morrison 


03/12/93 




92 OSP 0671 


Morgan 


06/08/93 




92 OSP 0684 


Becton 


05/10/93 




92 OSP 0732 


Mann 


04/23/93 




92 OSP 0744*^' 


Morgan 


07/16/93 




92 OSP 0815 


Morgan 


09/16/93 




92 OSP 0847 


Morrison 


08/06/93 




92 OSP 0947 


Morgan 


03/23/93 




92 OSP 0989 


Chess 


06/24/93 




92 OSP 0992 


Reilly 


03'I8/93 


8:2 NCR 224 


92 OSP 1047 


Morrison 


05 '04 '93 




92 OSP 1082 


Morrison 


10/15/93 


8:15 NCR 1500 


92 OSP 1124*^ 


Morsan 


07'16'93 





2707 



8:21 



NORTH CAROLINA REGISTER 



Febnian I, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AL.I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



John B. Sauls v. Wake County Health Department 92 DSP 1 142 Reilly 03/08/93 

Patti G. Ncwsome V. Transportation 92 DSP 1180 Bccton 09/22/93 

Nanev McAllister V. Camden County Department of Social Services 92 OSP 1 185 Chess 09/07/93 

Gilbert Jaeger V. Wake County Alcoholism Treatment Center 92 OSP 1204 Reilly 05/10/93 

Joseph Henry Bishop v. Environment, Health, & Natural Res. 92 OSP 1243 Reilly 03/05/93 

Glenn D. Fuqua v. Rockingham County Boaid of Social Services 92 OSP 1318 Morrison 08/03/93 

Dorothy D. Johnson v. Correction 92 OSP 1395 Nesnow 10/29/93 

Willie L. Hudson V Correction 92 OSP 1468 Becton 05/26/93 

Brenda K. Campbell v. Emplcyment Security Commission 92 OSP 1505 Morrison 03/17/93 

Christie L. Guthrie v. Environment, Health. & Natural Resources 92 OSP 1555 Becton 05/31/93 

Sharon Reavis v. Crime Control &. Public Safety 92 OSP 1606 Morrison 08/19/93 

Alphonso Walker V. Human Resources 92 OSP 1615 Chess 12/16/93 

James B. Price v. Transportation 92 OSP 1657 Mann 03/19/93 

Jerry L. Jones v. N.C.S.U Physical Plant 92 OSP 1661 Chess 07/06/93 

Mattie W, Smith v. State Agricultural and Technical University 92 OSP 1691*'= Reilly 09/14/93 

Gina Renee Cox v. UNC Chapel Hill 92 OSP 1692 Becton 10/18/93 

Roland W. Holden v. Univereity of North Carolina at Chapel Hill 92 OSP 1715 Becton 08/30/93 

Betty Bradsher V. UNC-CH 92 OSP 1733 Becton 03/30/93 

Anthony M. Little v. Human Resources, John Umstead Hospital 92 OSP 1734 Becton 09/01/93 

Jannie C. Sykes V. Emplc^ mem Secunty Commission 92 OSP 1738 Gray 10/25/93 

Jamal Al Bakkat-Morrisv. Glenn Sexton (DSSt 92 OSP 1741 Becton 03/24/93 

Rebecca Beauchesne V. University of North Carolina at Chapel Hill 92 OSP 1767 Becton 10/01/93 

Brenda Kay Barnes v. Human Resources 92 OSP 1768 Morrison 03/17/93 

Larry G. Riddle v. Correction, Division of Prisons 92 OSP 1774 Gray 04/26/93 

Stevie E. Dunn V. Ftolk Youth Center 92 OSP 1789 Becton 04/19/93 

Bufotd D. Viercgge Jr. v. N.C. State University, University Dining 92 OSP 1796 Morrison 05/27/93 

Dorothy Ann Harris v. Correction 93 OSP 0013 Morrison 09/15/93 

Brenda B. Miles v. University of North Carolina Chapel Hill 93 OSP 0033 Morrison 09/10/93 

Deborah J. Whitfield v. Caswell Center 93 OSP 0064 West 09/20/93 

Karen Canter V Appalachian State University 93 OSP 0079 Reilly 06/15/93 

Terry Steve Brown V Iredell County Health Department 93 OSP 0101 Morgan 08/06/93 

Barbara A. Johnson v. Human Resources 93 OSP 0103 Momson 03/17/93 

Carrie P Smith V. County of Stanly 93 OSP 0109 Becton 04/01/93 

George W Allen V. Human Resources, Correction, Agri & EHNR 93 OSP 01 11 Reilly 04/16/93 

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed 93 OSP 0134 Becton 04/20/93 

Grace Jean Washington V. Caswell Center 93 OSP 0153 Morgan 06/03/93 

Ralph Snipes V. Transportation and Correction 93 OSP 0157 Mann 12/13/93 

Clifton E. Simmons V. Correction 93 OSP 0159 Momson 04/21/93 

Willie L. James V. Caswell Center 93 OSP 0171 Morgan 05/27/93 

Ii^'ing S. Rodgers V. C.A. Dillon, Division of YoutJi Services 93 OSP 0177 West 04/21/93 

Richaid E. Howell v. Correction, Wayne Correctional Center 93 OSP 0245 Gray 08/25/93 

Brian Dale Earnhardt v. State Highway Patrol 93 OSP 0251 Reilly 07/27/93 

ER. "Don" Bowen v Human Resourc-es 93 OSP 0253 Morgan 08/06/93 

Michael L. Pegram v Correction 93 OSP 0275»« Reilly 06/28/93 

Jerry D. Doss Sr. v. Correction 93 OSP 0287 Gray 05/17/93 

Odessa Parker V Durham County Dept. of Social Services 93 OSP 0366 Nesnow 12/15/93 

Debbie Renee Robinson v. Correction 93 OSP 0383 Nesnow 06/07/93 

Sharon Brandon V Dorothea Dix Hospital 93 OSP 0419 Gray 12/06/93 

Shaw Boyd v. Correction 93 OSP 0438 Morgan 11/12/93 

Ida Gaynell Williams v. Wilson County Dept. of Social Services 93 OSP 0440 Gray 12/01/93 

Linda R. Wharton V. N.C. A & T University 93 OSP 0456 Chess 09/22/93 

Michael L. Pegram v. Correction 93 OSP 0472** Reilly 06/28/93 

Ralph W. Burcham v Transportation 93 OSP 0493 Chess 10/15/93 

Claudius S. Wilson V. Human Resources 93 OSP 0498 Gray 12/15/93 

Ed^rd D. Day Jr, John D. Wariick, Gary W. Beechamv. Correction 93 OSP 0522*" Morrison 12/14/93 

EdwanJ D. Day Jr, John D. Warlick, Gary W Beecham V Correction 93 OSP 0523*" Morrison 12/14/93 

Carrie Lee Gardner V Human Resources 93 OSP 0537 Reilly 12/21/93 

Alvin Lamonte Breedon V. OPC Menul Health 93 OSP 0551 Gray 11/23/93 

Edwarcl D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction 93 OSP 0567*" Morrison 12/14/93 

Hubert L. Holmes v. Transportation 93 OSP 0572 Reilly 08/17/93 

Vemell Ellis Turner v. NC A & T Police Dept, NC Agricultural Tech U 93 OSP 0577 Becton 1 1/03/93 

Barry W Corbett v. Environment, Health, & Natural Resources 93 OSP 0584 Reilly 01/13/94 

Everette E. Newton v. University of NC at Chapel Hill 93 OSP 0589 Reilly 12/07/93 

Constance Smith-Rogers V Human Resources 93 OSP 0593 Reilly 12/21/93 

Timothy E. Blevins v. UNC A/K/A Western Carolina University 93 OSP 0604 Morgan 09/29/93 

Xantippe Blackwell V. Human Resources, MunJoch Center 93 OSP 0632 Reilly 09/01/93 

Wayne Bradley Johnson v. State Computing Center 93 OSP 0694 Chess 10/1 1/93 

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons 93 OSP 0697 Nesnow 09/08/93 



8:1 NCR 88 
8:14 NCR 1346 



8:12 NCR 1163 



8:13 NCR 1292 



8:18 NCR 1838 



8:16 NCR 1558 



8:19 NCR 1922 
8:19 NCR 1922 



8:19 NCR 1922 



8:21 NCR 2110 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2108 



CONTESTED CASE DECISIONS 



AGENCY 



Daniel TTiomas Wheeler. Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
TerT\' Johnson v. Correction 
David Henr\' v. Correction 
Kathleen E. Conran v. New Bern FVilicc Dcpl., City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr. v. Wake County Child &. Family Services 
John R. Woods Sr. v. Wake County Child &. Family Services 
Coleman F. Tyrance Jr. v. Wake County Child &. Family Services 
John Augusta Page v. Wake County Child & Family Services 
Thomas James v. Wake County Child &. Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrcll v. Wake County Child & Family Services 
Bruce Creevy v. Wake County Child &. Family Services 
Dana Phillips v. Administrative Office of the Courts 
William G. Beam v. Transportation 

Mar>' U. Rote v. Carteret Community Action, Inc. & Carteret Cty. 
Terry P. Chappell v. Correction 
Willie David Moore v. Correction (Piedmont Correctional Inst.) 



CASE 




DATE OF 


tVUMBER 


AL,( 


DECISION 


93 OSP 0752 


Nesnow 


09/16/93 


93 OSP 0757 


Gray 


10/06/93 


93 OSP 0789 


Gra>' 


11/29/93 


93 OSP 0797 


Morrison 


09/21/93 


93 OSP 0809 


Becton 


10/27/93 


93 OSP 0810 


Beclon 


11/02/93 


93 OSP 08 11 


Becton 


11/02/93 


93 OSP 0812 


Becton 


11/02/93 


93 OSP 0813 


Becton 


11/02/93 


93 OSP 0814 


Becton 


11/02/93 


93 OSP 0815 


Becton 


11/02/93 


93 OSP 0816 


Becton 


11/02/93 


93 OSP 0822 


West 


09/09/93 


93 OSP 0828 


West 


12/29/93 


93 OSP 0831 


Morrison 


12/29/93 


93 OSP 0834 


Nesnow 


10/11/93 


93 OSP 1043 


Nesnow 


12/03/93 



PUBLISHED DECISION 
REGISTER CITATION 



STATE TREASURER 



Juanila M. Braxton v. Bd. of Trustees/Teachers' & St Emp Ret Sys 
Heiman D. Brooks v. Bd of Trustees/Teachets' &. St Emp Ret Sys 
Henrietta Sandlin v. Teachers' &. State Emp Comp Major Medical Plan 
Frances BiUingsle^' v, Bd/Trustccs/TeacheiB' & St. Emp. Ret. Sys. 
Dennis WiUoughl^ v. Bd./Trustees/Teacheis' Sl St. Emp. Ret. Sys. 
Mary Alyce Carmichael v. Bd/TiTistees/Teacheis" & St Emp Ret SyE 
Shiriey M. Smith v. Bd./Trustees/Teacheis' & St. Emp. Ret. Sys. 
W. Rex Perry v. Bd/Trustees/Teacheis' &. St Emp Ret Sys 
Rory Dale Swiggett v. Bd./Trustees/N.C. Local Gcn.'tl. Emp. Ret. Sys. 
Catherine D. Whitley v. Bd . /Trustees/Teacheis & St. Emp. Ret. Sys. 



91 DST 0017 


West 


09/07/93 




91 DST 0566 


Gray 


04/13/93 




92 DST 0305 


Morgan 


04/12/93 




92 DST 0996 


West 


09/20/93 




92 DST 1439 


West 


09/20/93 


8:14 NCR 1356 


92 DST 1506 


Chess 


04/08/93 




92 DST 1776 


Reilly 


11/18/93 


8:18 NCR 1829 


93 DST 0133 


West 


08/12/93 


8:11 NCR 992 


93 DST 0198 


West 


09/28/93 


8:14 NCR 1360 


93 DST 0727 


Reilly 


11/18/93 





TRANSPORTATION 



Vates Construction Co.. Inc. v. Transportation 

American S&.P Auto v. Commissioner. Div. of Motor Vehicles 

William G. Ogleshy v. Division of Motor Vehicles 



92 DOT 


1800 


Moigan 


03/25/93 


93 DOT 


1070 


Morrison 


12/02/93 


93 DOT 


1375 


Morrison 


12/29/93 



UNTVERSrr^' OF NORTH CAROLINA HOSPITALS 



Constance V. Graham v. LINC Hospital 
Jacqueline Florence %■. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Becton 



07/20/93 
06/16/93 



2109 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93 OSP 0584 



BARRY W. CORBETT, 
Petitioner, 



DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES, 
Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before the undersigned administrative law judge on November 15 
and 16, 1993, in Raleigh. 

Mr. Alan McSurely represented the petitioner. Mr. John Barkley represented the respondent. The 
petitioner presented three witnesses and introduced Exhibits ffl - 22. The respondent presented four witnesses 
and introduced Exhibits #1, 2, 5, 6, 7 and 8. Proposed Findings of Fact were filed on January 7, 1994. 
Respondent's Argument was filed on January 10, 1994. 

ISSUES 

1 . Was the petitioner dismissed for just cause? 

2. Did procedural irregularities invalidate the petitioner's dismissal? 

3. Did the respondent dismiss petitioner because of his age? 

4. Was the petitioner's dismissal the result of retaliation? 

FINDINGS OF FACT 

1. The petitioner was continuously employed by the respondent from February, 1970 to March, 1993. 
He received regular and steady pay increases and rose to senior analyst in the Office of Chief Medical 
Examiner of the Division of Postmortem Medicolegal Examination at Chapel Hill. 

2. The petitioner's job involved examining small samples of human tissue and blood to determine the 
type and quantity of chemicals and drugs m deceased human beings. 

3. At the time of his dismissal on March 9, 1993, the petitioner was 49 years of age and earned about 
$50,000 per year. 

4. The petitioner was replaced by a man in his "twenties" who made less than $30,000 per year. 

5. During the morning of February 25, 1993, James Kantor, a junior chemist, tried to engage petitioner 
in a conversation about a lamp. The petitioner said he "didn't want to talk with" Mr. Kantor. 

6. Mr. Kantor lost his temper and said "I'm sorry you don't want to talk with me. Your loss." Mr. 
Kantor raised his voice. The petitioner was workmg and continued to work. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2110 



CONTESTED CASE DECISIONS 



7. Later that day. the petitioner discovered a problem in the log book. The problem was not new. Mr. 
Kantor had filled in a space in the log book which both analysts used for retention times. Mr. Kantor 
had been asked before by his supervisors not to fill in that space. 

8. The petitioner crossed the hall to the room where Mr. Kantor was working and asked him not to put 
retention times in the log book. Mr. Kantor said that he did not understand. 

9. Mr. Kantor said "tell me exactly what you want in the log." The petitioner said "it's very simple, 
don't use these retention times, it's not useful to me." 

10. The petitioner, frustrated that he was unable to make Mr. Kantor understand, said "this conversation 
is over" and turned to leave. Mr. Kantor said something as the petitioner was leaving and the 
petitioner replied, "Cut the bullshit, Jim." 

11. Mr. Kantor said "I'll shit on you, Barry." 

12. The petitioner turned around and went back into the room. Mr. Kantor and the petitioner started 
toward each other and bumped into each other. Neither had their hands raised. 

13. Both men had lost control for a moment. Neither intended to assault or hurt the other. The petitioner 
had previously lost control of himself and had threatened Mr. Kantor. Mr. Kantor also had difficultly 
controlling himself. He had used offensive language to a female co-worker. The contact between the 
men was neither accidental nor premeditated but was the result of their poor relationship and lack of 
control. After their physical contact, the men realized what had happened and talked to each other 
in order to defuse the situation. 

14. The petitioner left the room. He met his supervisor. Dr. Ng, and mentioned the incident to him. 

15. Dr. Ng had previousl}' talked with Mr. Kantor about putting too much data in the log book. 

16. Mr. Kantor also met Dr. Ng and told him about the incident. Mr. Kantor. unlike the petitioner, 
appeared very upset. Dr. Ng took him to see Mr. Michael A. Olson, the Administrator of the Office. 

17. Mr. Kantor wrote out a statement that afternoon which described the incident. However, this 
statement v/as not preserved by the respondent. It could not be produced at the hearing. 

18. The next morning, Mr. Olson told Mr. Kantor that he had difficulty reading his handwritten statement 
and that the statement contained extraneous material. Mr. Olson told Mr. Kantor to dictate another 
statement to him. 

19. Mr. Olson did not attempt to obtain a contemporaneous statement from the petitioner about the 
incident. 

20. TTie second statement prepared the morning after the incident (R Exh #1) contained words like 
"lunged" and "hit me fronlally with his shoulders and forearms." 

21. This statement and notes of an inter\iew with Mr. Kantor on March 5, 1993, are similar. In the 
notes, Mr. Kantor said that he "didn't understand what Barry had said;" that he "raised [his] \oice, 
may have cussed, doesn't remember;" that the petitioner started out the door and Mr. Kantor "made 
a comment;" that the petitioner walked back very fast about 12 feet and "knocked" him with his chest 
and shoulders; that he called out Dr. Ng's name and tried to resume the conversation; that Dr. Ng 
came by and Mr. Kantor heard the petitioner tell Dr. Ng that Kantor was "like a root canal to him;" 
and that it was after this that Mr. Kantor got Dr. Ng and said we need to go upstairs. 

22. The various versions of Mr. Kantor's testimony about the incident on February 25, 1993. diminish 



2111 8:21 NORTH CAROLINA REGISTER Februam 1, 1994 



CONTESTED CASE DECISIONS 



his credibility. Mr. Olson's request for Mr. Kantor to prepare another statement because of perceived 
deficiencies in the first statement, the unexplained disappearance of that contemporaneous handwritten 
description of the incident and Mr. Olson's failure to obtain a contemporaneous statement from the 
petitioner undermine the impartiality of his investigation and his testimony. Mr. Olson also excluded 
Dr. Ng, petitioner's supervisor, from the investigation. Dr. Ng and the petitioner had a good 
relationship. Mr. Olson decided from the beginning that the petitioner was the guilty party. 

23. The petitioner was dismissed by Memorandum dated March 9, 1993, from Dr. John Butts, Chief 
Medical Examiner. Dr. Butts considered the petitioner's past conduct in determining his credibility. 
The memorandum stated that the petitioner was dismissed "for hitting (pushing) a State employee 
while on duty at about 2:30 PM, Thursday, February 25, 1993." The attachment to the memorandum 
further alleged that the petitioner "lunged at Mr. Kantor and hit (him) frontally with his shoulders and 
forearms." (See R Exh #1). At the pre-dismissal conference, the petitioner was shown a copy of the 
statement (R Exh. #1). The petitioner did not request assistance of counsel at the conference. 

24. The petitioner had, prior to this incident, criticized the handling of important arsenic testing in a 
celebrated murder trial in 1989. 

25. In November, 1992, the petitioner was contacted by Mr. Sam Kiser, the brother of Blanche Taylor 
Moore. Thereafter, the petitioner discussed the arsenic testing with Mr. Kiser. 

26. The petitioner's dismissal was based on Dr. Butts" understanding of the February 25, 1993, incident 
as investigated by Mr. Olson and not on criticisms made by the petitioner concerning the arsenic 
testing or on the age of the petitioner. 

CONCLUSIONS OF LAW 

1 . The petitioner was a permanent State employee subject to the State Personnel Act at the time of his 
dismissal. 

2. The evidence presented at the hearing does not establish by a preponderance of the evidence that the 
petitioner hit or pushed or "lunged at Mr. Kantor and hit (him) frontally with his shoulders and 
forearms" as alleged in the dismissal document, dated March 9, 1993, and the attachment thereto (R 
Exh #1). Therefore, the respondent lacked just cause to dismiss the petitioner for unacceptable 
personal conduct. 

3. Although the respondent lacked just cause, it did follow proper procedures in dismissing the 
petitioner. 

4. The respondent did not dismiss the petitioner because of his age in violation of GS 126-36. 

5. The petitioner's dismissal was not the result of retaliation prohibited by GS Chapter 126, Article 14. 

RECOMMENDED DECISION 



fees. 



It is recommended that the petitioner be reinstated with back pay and awarded reasonable attorney 



ORDER 



It is hereby ORDERED that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General 
Statutes 150B-36(b). 



8:21 NORTH CAROLINA REGISTER February 1, 1994 2112 



CONTESTED CASE DECISIONS 



NOTICE 

The final decision in this contested case shall be made by the State Personnel Commission. Each party m 

has the right to file exceptions to the recommended decision and to present written arguments on the decision ^ 

to this agency. 

The agency is required by GS 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties" attorney of record and to the Oflice of Administrative Hearings. 

This the 13th day of January, 1994. 



Robert Roosevelt Reilly. Jr. 
Administrati\e Law Judge 



{ 



2113 8:21 NORTH CAROLINA REGISTER February 1, 1994 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. T7ie other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAFTEH 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneere 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Exammers 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


I4A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


1 ^ndscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


ii 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Exammers 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



2114 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1993 - March 1994) 



Pages 



Issue 



1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 - May 

332 - 400 4 - May 

401 - 455 5 - June 

456 - 502 6 - June 

503 - 640 7 - July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 - September 

1007 - 1 184 12 - September 

1185 - 1307 13 - October 

1308 - 1367 14 - October 

1368 - 1512 15 - November 

1513 - 1568 16 - November 

1569 - 1719 17 - December 

1720 - 1849 18 - December 

1850 - 1941 19 - January 

1942 - 2031 20 - January 

2032 - 2118 21 - February 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Auxiliary Services, 1724 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General, 366 
Hearings Division, 1480 
Rules Division, 367 

AGRICULTURE 

Aquaculture, 1212 
N.C. State Fair, 506 
Plant Industry, 513, 1212 
Standards Division, 1212 
Veterinary Division, 515, 1212 

COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 
Banking Commission, 408, 798. 1312 
Cemetery Commission, 810 



2115 



8:21 



NORTH CAROLINA REGISTER 



February 1, 1994 



CUMULATIVE INDEX 



Credit Union Division, 1724 

Savings Institutions Division: Savings Institutions Commission, 461 

State Ports Authority, 811, 1570 

COMMUNITY COLLEGES 

Community Colleges, 1527 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 279, 571, 962, 1405, 1862 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465 

Environmental Health, 2067 

Environmental Management, 210, 556, 658, 797, 893, 1254, 1748, 1858, 2039 

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663, 1782, 1850 

Marine Fisheries, 28, 568, 1573 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Radiation Protection, 1662 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723, 1773, 1957 

Wildlife Resources Commission Proclamation, 1851 

Zoological Park, 337 

FINAL DECISION LETTERS 

Voting Rights Act, 4, 407, 460, 795, 880. 1371, 1514, 1569, 1722, 1942, 2033 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B, 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 93, 229, 332, 401. 456. 641. 793. 876. 1007. 1209. 1308. 1368. 1513. 1720. 
2032 

HUMAN RESOURCES 

Aging. Division of. 815, 1372 

Blind, Services for the, 884 

Deaf and Hard of Hearing, Services for the, 650 

Facility Services, 94, 883, 1014, 1215, 1312, 1519, 1725, 2036 

Medical Assistance, 25, 414, 553, 712, 888, 1316, 1742, 1943 

Medical Care Commission, 644, 1312 

Mental Health, Developmental Disabilities and Substance Abuse Services, 7, 413. 516, 1086, 1217, 

1852 

Social Services Commission, 237, 733, 1091, 1376. 1743. 2037 

INSURANCE 

Actuarial Services, 555, 657, 1249, 1321, 1403 
Agent Services Division, 1399 
Engineering and Building Codes Division, 1248 
Financial Evaluation Division, 1093, 1317, 1946 
Life and Health Division, 1094, 1318. 1400. 1956 
Medical Database Commission. 463, 737, 1956 
Property and Casualty Division, 1400 
Special Services Division, 1096 



8:21 NORTH CAROLINA REGISTER February 1, 1994 2116 



CUMULATIVE INDEX 



JUSTICE 

Alarm Systems Licensing Board. 761 

Attorney General. Office of the. 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Di\'ision. 241 

Departmental Rules, 1096 

Private Protective Services Board. 252. 890 

Sheriffs" Education and Training Standards Commission. 738 

LABOR 

OSHA. 97. 231. 278. 892. 1523. 1744. 2035 

LICENSING BOARDS 

Architecture, 43 

Certified F*ublic Accountant Examiners, 1418 

Chiropractic Examiners, 1806 

Cosmetic Art Examiners, 969, 1526, 2071 

Dental Examiners, State Board of. 763. 1960 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

Geologists, Board of. 285. 2072 

Landscape Architects. 1256 

Medical Examiners. Board of. 591. 1458. 1685, 1965 

Mortuar>' Science, Board of. 45. 342. 971. 1461 

Nursing. Board of, 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of. 47. 354. 1326 

Physical Therapy Examiners. 53. 767 

Plumbing. Heating and Fire Sprinkler Contractors. 360 

Practicmg Psychologists. Board of. 844. 1807, 1880 

Real Estate Appraisal Board, 1976 

Real Estate Commission, 53, 364, 1996 

Refrigeration Examiners, 1148, 1526 

Social Work. Certification Board for, 428. 1808 

Therapeutic Recreation Certification Board. 1328 

LIST OF RLXES CODIFIED 

List of Rules Codified. 61. 290. 432. 593, 769, 845, 1264, 1535, 1687, 1881, 2074 

PUBLIC EDUCATION 

Elementan,- and Secondan,' Education, 427, 470. 1873, 2068 

SECRETARY OF STATE 

Land Records Management Division. 1792 

ST\TE PERSONATE 

Office of State Personnel. 286. 972. 1262. 1472 

STATE TREASLTiER 

Local Government Commission. 1795 
Retirement Systems. 337. 1146 



( 



2117 8:21 NORTH CAROLINA REGISTER Febnian 1, 1994 



CUMULATIVE INDEX 



TAX REVIEW BOARD 

Orders of Tax Review, 503, 1516 

TRANSPORTATION 

Highways, Division of, 669, 836 
Motor Vehicles, Division of, 1145, 1875 



8:21 NORTH CAROLINA REGISTER February 1, 1994 2118 



NORTH CAROLINA ADMINISTRATIVE CODE 



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